1. Legislative Branch
Powers of Congress

2. Did you know…
No government agency can spend money without the approval of Congress

3. Powers Powers are enumerated (Article 1, Section 8) Implied Powers
Expressed Powers
Ex: Clause 5 states: “The Congress shall have the power. . . To coin money”
Implied Powers
Elastic Clause
Ex: Article 1, Section 8, Clause 18 states: Congress shall have the power to do whatever is “necessary and proper” to carry out expressed powers.

4. Powers Making Laws Raising & Spending Money Regulating commerce
Dealing with foreign countries

5. Selected Expressed Powers Selected Implied Powers
Money Powers
Lay and collect taxes to Provide for the defense and general welfare of the United States (Clause 1)
Borrow Money (Clause 2)
Establish Bankruptcy laws (Clause 4)
Coin, print, and regulate money (Clause 5)
Punish Counterfeiters of American currency (Clause 6)
Money Powers
Lay and collect taxes implies the power to support public schools, welfare programs, public housing, etc.
Borrow Money implies the power to maintain the Federal Reserve Board

6. Selected Expressed Powers Selected Implied Powers
Commerce Powers
Regulate Foreign and Interstate Commerce (Clause 3)
Commerce Powers
Regulate commerce implies the power to prohibit discrimination in restaurants, hotels, and other public accommodations.

7. Powers Military and Foreign Policy Powers
Selected Expressed Powers
Selected Implied Powers
Military and Foreign Policy Powers
Declare War (Clause 11)
Raise, support, and regulate an army and navy (Clauses 12, 13, & 14)
Provide, regulate, and call into service a militia, known as the National Guard (Clauses 15 & 16)
Punish acts committed on International waters and against the laws of nations (Clause 10)
Military and Foreign Policy Powers
Raise and support an army implies the right to draft people into armed services

8. Powers Other Legislative Powers
Selected Expressed Powers
Selected Implied Powers
Other Legislative Powers
Establish laws of naturalization (Clause 4)
Establish post office and post roads (Clause 7)
Grant copyrights and patents (Clause 8)
Create lower federal courts (Clause 9)
Govern Washington, DC (Clause 17)
Provide for laws necessary and proper for carrying out of all other listed powers (Clause 18)
Other Legislative Powers
Establish laws of naturalization implies the power to limit number of immigrants to the United States

9. Nonlegislative Powers
Congress often checks over other departments of government as part of its nonlegislative powers
Proposing amendments to Constitution
Approve/reject presidents nominees for various offices
ie: Supreme Court justices, federal judges, and ambassadors
Why do you think the framers of the Constitution did not leae judicial appointments to the president alone?

10. Nonlegislative Powers
Impeachment
Used sparingly, most often with federal judges
Only 2 presidents have been impeached
What is impeachment?

11. Power Limitations Writ of Habeas Corpus Bills of Attainder
Ex Post Facto laws

12. Checks & Balances
Supreme Court can declare laws established unconstitutional
President can veto laws, but…
If both houses of Congress can muster two-thirds vote, they can override president’s action.

13. Representing the People
Legislative Branch
Representing the People

14. Qualifications and Privileges
Senate: 30 years old, live in state you plan to represent, and US citizen for 9 years.
House of Representatives: 25 years old, live in the state they represent, and have been a US citizen for at least 7 years.
Makeup of Congress:
Nearly ½ are lawyers
Almost all have college degrees
More likely than average citizen to be active in Community Organizations

15. Qualifications and Privileges
Salary: Last salary increase took place in 2009
Senators & Representatives
2013: $174,000
Speaker of the House
2013: $223,500
House & Senate Majority & Minority Leaders
2013: $193,400
Other Privileges: immunity, or legal protection, in certain situations.
Allows them to say or do what they feel is right without interference from outsiders.
Does not mean they are free to break the law.

16. Behind-the-Scene Helpers
Personal Staff: run offices in DC as well as one or more offices in Congressional member’s home district.
Gather information on new bills & issues
Handle requests for help from voters
Deal with reporters and lobbyists
Use Interns in addition to professional staffers.
What are lobbyists?

17. Behind-the-Scene Helpers
Committee Staff – handle day-to-day chores. Draft bills, gather information, organize committee hearings, negotiate with lobbyists.
Support Services – Agencies to support its work.
ie: Library of Congress
Finance & Budget
General Accounting Office (GAO)
Congressional Budget Office (CBO)

18. Congress at Work Lawmaking Casework Public Works Grants & Contracts
Handling district/state requests for help from federal govt
Public Works
ie: post offices, dams, military bases, veterans hospitals, mass transit.
Grants & Contracts
Using Influence

19. Helping District/State with Grants & Contracts
Pork-Barrel Projects
Writing personally beneficial issues into larger, federal grants
Congress dips into “pork barrel” (federal treasury) and pulls out a piece of “fat” (federal project for his/her district)