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Congressional Powers Objective 3.2 expanded
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The Writers of the Constitution
Believed in the principle of limited government.
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The Writers of the Constitution
Placed clear limits on the powers of Congress.
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The Writers of the Constitution
Had restrictions that would determine what Congress could or could not do.
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Expressed Powers (Delegated)
Powers listed specifically in Article I of the Constitution.
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Expressed Powers Collect taxes Borrow money
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Expressed Powers Regulate foreign trade and interstate trade (commerce)
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Expressed Powers Set up a Postal System
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Expressed Powers Maintain Armed Services Declare War
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Expressed Powers Regulate Immigration and Naturalization
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Implied Powers Those powers not stated explicitly in the Constitution.
These powers come from the necessary and proper clause, often called the elastic clause. (Article I, Sec. 8, Clause 18)
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Implied Powers The necessary and proper clause is called “elastic” because it allows Congress to stretch its authority to carry out its expressed powers. (Ex: CIA)
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Nonlegislative Powers
These powers help the government to operate more effectively and to help Congress serve as a check on the other branches of government.
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Nonlegislative Powers
Power to propose amendments to the Constitution.
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Nonlegislative Powers
Power to Investigate The information gathered can be used in drafting and evaluating legislation.
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Power to Investigate Can be used to review the activities of the executive branch to find out whether the government is administering the laws efficiently.
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Power to Impeach Power to accuse a government official of wrongdoing.
To put them on trial. To remove them from office.
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The Impeachment Process Begins in the House of Representatives
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Steps to Impeachment A list of charges are drawn up.
If a majority of members agree with the charges, the Senate then has the power to act as a jury. (2/3 vote required to convict and remove from office)
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Special Powers House of Representatives
Power to begin impeachment proceedings. Power to choose the President if no candidate wins a majority in the Electoral College.
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Special Powers House of Representatives
Power to introduce tax bills and appropriations bills, bills that involve money.
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Special Powers of the Senate
The power to vote on money bills that were introduced in the House. The power to act as a jury in an impeachment trial.
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Special Powers of the Senate
Ratify treaties with other nations. (Although the President may sign a treaty, it is not binding unless a two-thirds vote in the Senate ratifies it.) Power to approve or reject the President’s appointments of certain high officials.
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Limits to Congressional Power
Congress may not favor one state over another. Congress can’t enact laws that would interfere with the legal rights of individuals.
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Limits to Congressional Power
Congress can’t tax interstate commerce or exports. tax
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Limits to Congressional Power
Congress can’t interfere with powers reserved for the state.
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Limits to Congressional Power
Congress may not pass bills of attainder. (a law that punishes a person accused of a crime without a trial or a fair hearing in court)
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Limits to Congressional Power
Congress may not pass ex post facto laws. (a law that would allow a person to be punished for an action that was not against the law when it was committed)
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Limits to Congressional Power
Congress can’t suspend the writ of habeas corpus. ( a court order that guarantees a person who is arrested the right to appear before a judge in a court of law)
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