1. 6.2 Powers of Congress Civics and Economics

2. Legislative Powers Article I, Section 8 includes expressed powers of Congress, these are enumerated, or clearly listed in the Constitution Article I, Section 8 includes expressed powers of Congress, these are enumerated, or clearly listed in the Constitution

3. Legislative Powers Implied Powers are powers not stated explicitly in the Constitution; Congress gains these powers under the “Necessary and Proper” Clause Implied Powers are powers not stated explicitly in the Constitution; Congress gains these powers under the “Necessary and Proper” Clause “The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

4. Legislative Powers Clause 18 is often called the elastic clause because it has allowed Congress to stretch its powers to meet new needs Clause 18 is often called the elastic clause because it has allowed Congress to stretch its powers to meet new needs

5. Legislative Powers Most of Congress’s powers are related to making laws, important powers involve raising and spending money, regulating commerce and dealing with foreign countries Most of Congress’s powers are related to making laws, important powers involve raising and spending money, regulating commerce and dealing with foreign countries

6. Non-legislative Powers Among Congress’s most important non- legislative powers are those it uses to check the other branches of government Among Congress’s most important non- legislative powers are those it uses to check the other branches of government

7. Non-legislative Powers One such power is to propose amendments to the Constitution One such power is to propose amendments to the Constitution

8. Non-legislative Powers The Senate has the power to approve or reject the President’s nominees for office, including Supreme Court justices, federal judges, and ambassadors The Senate has the power to approve or reject the President’s nominees for office, including Supreme Court justices, federal judges, and ambassadors President Obama and Elena Kagan, the newest Supreme Court Justice

9. Non-legislative Powers The House has the authority to impeach, or accuse officials of misconduct in office; if a majority vote to impeach an official, the Senate holds a trial to determine guilt or innocence, a 2/3 vote removes the person from office The House has the authority to impeach, or accuse officials of misconduct in office; if a majority vote to impeach an official, the Senate holds a trial to determine guilt or innocence, a 2/3 vote removes the person from office

10. Non-legislative Powers Only two presidents have been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998; both were acquitted (not removed from office) Only two presidents have been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998; both were acquitted (not removed from office)

11. Power Limitations According to Article I of the Constitution, Congress may not favor one state over another, tax interstate commerce, or tax exports According to Article I of the Constitution, Congress may not favor one state over another, tax interstate commerce, or tax exports

12. Power Limitations Congress cannot suspend the writ of habeas corpus, this is a court order that requires police to bring a prisoner to court to explain why they are holding them Congress cannot suspend the writ of habeas corpus, this is a court order that requires police to bring a prisoner to court to explain why they are holding them Prisoner in Guantanamo Bay Cuba

13. Power Limitations Congress is also banned from passing bills of attainder, or laws that punish a person without a jury trial Congress is also banned from passing bills of attainder, or laws that punish a person without a jury trial

14. Power Limitations Congress may not pass ex post facto laws, these are laws that make an act a crime after the act has been committed Congress may not pass ex post facto laws, these are laws that make an act a crime after the act has been committed Example- the lottery is legal in NC, if in a few years it becomes illegal people cannot be punished retroactively Example- the lottery is legal in NC, if in a few years it becomes illegal people cannot be punished retroactively

15. Power Limitations Other restrictions come from the Constitution’s system of checks and balances Other restrictions come from the Constitution’s system of checks and balances

16. Power Limitations The Supreme Court can declare laws established by Congress as unconstitutional, the President can veto bills passed by Congress The Supreme Court can declare laws established by Congress as unconstitutional, the President can veto bills passed by Congress If both houses of Congress can muster a two-thirds vote, they can override a veto If both houses of Congress can muster a two-thirds vote, they can override a veto