1. The Power of Congress
Section 2

2. Key Terms
Expressed Powers:Powers that Congress has that are specifically listed in the Constitution
Implied Powers:Powers that Congress ahs that are not stated explicitly in the Constitution
Elastic Clause:Clause in article I, section 8 of the Constitution that gives Congress the right to make all laws “necessary and proper” to carry out its expressed powers
Impeach:To accuse government officials of misconduct in office

3. Key Terms cont.
Writ of Habeas Corpus:A court order that requires police to bring a prisoner to court to explain why they are holding the person
Bill of Attainder:a law that punishes a person accused of a crime without a trial or a fair hearing in a court
Ex Post Facto Law:A law that would allow a person to be punished for an action that was not against the law when it was committed

4. Legislative Powers
Founding fathers knew they couldn’t foresee every situations Congress may see:
Gave Congress broad powers
Expressed Powers
Implied Powers (clause 18)
Elastic clause
(support)

5. Legislative Powers cont.
Most powers of Congress:
Related to making laws
Laws governing:
Federal property
National parks
Military bases
Post offices
Federal courts
Important Legislative Powers:
Raising and spending money
Regulating commerce
Foreign affairs

6. Taxing and Spending Congress has power to collect taxes
Pay for govt. and services
Tax bills to raise money start in House of Reps.
Framers believed those closest to the people should propose the tax
The Senate must approve tax

7. Taxing and Spending cont.
Bill to spend money start in the House
Congress spends money through a step process:
Authorization Bills
Appropriations Bills

8. Authorization Bills
Create projects and state how much money can be spent on them:
Example: Space shuttle program

9. Appropriations Bills Provide money for each program or activity
No govt. agency can spend money without approval from Congress

10. Regulating Commerce Article I, Section 8, Clause 3:
Give power to Congress to regulate foreign and interstate commerce
Interstate Commerce:
Trade and other economic activities among the states

11. Commerce Clause Laws deal with:
Basis for most important powers of Congress
Air traffic
Trucking
Radio
Television
Air pollution
Stock Market

12. Foreign Relations and Treaties
Only Congress can declare war
Power to create, maintain, and oversee army and navy
Senate must approve treaties the president makes with other countries
Regulate commerce with other countries

13. Nonlegislative Powers
Congress can propose constitutional amendments
2/3rds vote from both Houses
Counting electoral votes (president)
No majority
Congress picks from top-3 vote getters
Senate chooses V.P.
Check other branches of govt.

14. The Power of Approval and Removal
Senate has power to approve or reject president’s nominees:
High-ranking officials
Federal judges
Ambassadors
Impeach
Senate acts as jury
2/3rds vote to convict
2 presidents have been impeached
Andrew Johnson (1868)
Bill Clinton (1998)
acquitted

15. Oversight and Investigation
Oversee govt. activities
Standing Committees
Example: Agriculture Committee-monitor effectiveness of programs designed to help farmers

16. Limits on Power Constitution explains what Congress may not do
Bill of Rights
Article I: Congress may not favor one state over another
Tax interstate commerce
Tax exports

17. Limits on Power cont. Cannot suspend writ of habeas corpus
Prohibited from passing bill of attainders
May not pass ex post facto laws
Congress cannot interfere with powers reserved for the states
Public school systems
Establish local govt’s

18. Homework
Chapter 6 Section 2 Worksheets