1. The Powers of Congress
Chapter 6 Notes

2. Legislative Powers:
expressed powers: powers given to Congress in the Constitution
Example: “Congress shall have the Power to Raise and support Armies.”
implied powers: not specifically given to Congress, buy fall under the “necessary and proper” clause ( Clause 18) of the Constitution in Section 8.
elastic clause: name given to Clause 18 because it has given Congress the ability to stretch its powers to meet new needs.

3. Legislative Powers Continued:
Taxing and Spending: Congress
Taxing:
Power to collect tax (pay for government services)
All tax bills must start in the House of Representatives
Senate must approve

4. Legislative Powers Continued:
Spending:
Bills to spend money must start in the House of Representatives
2-Step Process
Authorization bill: creates programs and establishes how much money can
be spent on them.
Appropriations bill: actually provides the money for each program
NO government agency can spend money without approval from Congress

5. Legislative Powers Continued:
Regulating Commerce
Congress regulates foreign and interstate trade
Foreign commerce: business with other countries
Interstate commerce: business among the states
Foreign Relations and Treaties:
ONLY Congress can declare war
Has the power to create, maintain, and oversee an army and navy
Senate must approve any treaties made by the president

6. Non-Legislative Powers (unrelated to making laws)
Power of Approval and Removal:
The senate has the power to approve or reject the president’s nominees for various officials such as ambassadors or Supreme Court justices
The Senate regularly rejects nominees
Congress has power to remove federal officials from office who commit serious wrong-doing.
ONLY the House of Representatives has the power to impeach officials
Two presidents (Andrew Johnson in 1868 and Bill Clinton in 1998) have been impeached.
Neither were removed from office

7. Non-Legislative Powers
Oversight and Investigation: (implied power)
Oversees government action
Checks the executive branch
Monitor effectiveness of federal programs
Special Investigations
REVIEW CHART ON PAGE 149 BEFORE CHAPTER 6 TEST

8. Power Limitations: cannot pass laws that violate the Bill of Rights
cannot favor one state over another
no taxation of interstate commerce
cannot tax exports
cannot suspend the writ of habeas corpus (the person arrested must be brought to court to explain why they are being held.)
No bills of attainder ( must be allowed a jury trial)
No ex post facto laws ( cannot make an action a crime after the fact)
REVIEW COMMITTEE CHARTS ON P. 142

9. Limits on Congressional Power
No interference in state powers
President can veto laws (overriding a veto requires a 2/3 vote in both houses)
The Supreme Court can declare a law passed by Congress to be unconstitutional