3 Powers of Congress Congress has three types of powers Delegated Powers assigned to the legislative branch by the Constitutionimpliedbased on interpretation of constitutional powersimpeachmentchecks and balances system created by ConstitutionDelegated PowersArticle I, Section 8, Clauses 1-17 of the Constitutioncalled delegated because they are specifically assigned to Congressthese powers give Congress the authority to make laws in five important areasfinancing the governmentregulating and encouraging trade and industrydefending the countrycreating lower courtsproviding for growth
4 Delegated Powers Financing Government raise and collect taxes borrow moneyprint and coin moneypay the debts of the U.S.provide for the country's defense and general welfare
5 Delegated PowersRegulating and Encouraging American Trade and Industryregulate trade with foreign countriesregulate trade between the states (domestic)sets a uniform standard of weights and measuresEnglish and Metric systemprotect the rights of inventorspatents, copyrights, trademarksestablishment of post officesregulates the building of roadsU.S. routes, interstatesset punishments for piracy and other major crimes committed against American ships on the high seas
6 Delegated Powers Defending the Country power to declare war maintain an army and a navyprovide for a citizen army that can be called to duty during wartime or national emergenciesnational guard or state militia
7 Delegated Powers Creating Lower Courts pass laws concerning such crimes as counterfeiting and treasonestablished a system of national courts to ensure that these and other federal laws are upheld
8 Delegated Powers Providing for Growth regulate immigration pass naturalization lawsmake it possible for immigrants to become U.S. citizenspower to govern the country's territoriesprovide for the admission of new states
10 Implied Powers the necessary and proper clause (elastic clause) Article I Section 8 Clause 18Congress has the power "to make all laws which shall be necessary and proper for carrying into execution [carrying out] the foregoing powers [delegated powers].“known as the elastic clauseallows Congress to stretch the delegated powers listed in the Constitution to cover many other subjectspermits Congress to pass laws related to situations that developed after the Constitution was writtendefend the country – create military academiesregulate trade and industry – set minimum wageImplied Powers = Powers not specifically granted to Congress by the Constitution that are suggested to be necessary to carry out the powers delegated to Congress under the Constitution.
12 Impeachment Power Impeachment power to accuse high federal officials of serious crimes against the countrypresident, vice president, and federal judgesmembers of the executive branch and judicial branchpart of checks and balances systempower to bring these officials to trial for their crimespower to remove these officials from office if they are found guilty of these crimestreasonan act that betrays or endangers one's countryabuse of powerWatergate scandalperjury or obstructionClinton affairImpeachment = The House procedure of drawing up and passing a list of charges against a high federal official.
13 Impeachment Power House of Representatives Senate draws up charges against an accused officiallist of charges is read before the entire Houserepresentatives voteif a majority vote in favor of the list of charges, the official is impeached, or formally accused and put on trialSenateholds trial on the impeachment chargesvice president usually acts as the judgeif the president is impeached the chief justice of the Supreme Court presides over the trial insteadmembers of the Senate become a court juryhear the evidenceexamine all witnessesvotes on the guilt or innocence of the officialtwo thirds of the Senate must find the official guilty before he or she can be dismissed from office
14 Impeached Officials impeachment process has rarely been used 17 federal officials have been impeachedseven of them, all judges, were found guilty of the charges brought against them and dismissed from officetwo presidents have been impeached - Andrew Johnson and Bill ClintonPresident Johnson was found not guilty by only one votePresident Clinton was impeached on charges that he lied under oath and obstructed justice - found not guilty of both chargesthe threat of impeachment led President Richard M. Nixon to resign from officeWatergate scandal
15 Special Powers House of Representatives Senate The House alone can start impeachment proceedings.All bills for raising money must begin in the House.If no presidential candidate receives the number of electoral votes needed to be elected, House members choose the president.SenateAll impeachment trials must be held in the Senate.If no vice-presidential candidate receives the numberof electoral votes needed to be elected, then senatorschoose the vice president.All treaties, or written agreements, with foreign nations must be approved in the Senate by a two-thirds vote.Certain high officials appointed by the president must be approved in the Senate by a majority vote. Such officials include justices of the Supreme Court.15
16 Limits on Powers powers of Congress are limited in several ways The Supreme Court has the power to decide when Congress has overstepped the powers granted to it by the Constitutionjudicial review – part of checks and balancesif Court rules that Congress has passed a law that exceeds Congress's constitutional powers the law has no forceTenth Amendment reserves powers not specifically granted to the national government for the state governmentsstates have authority regarding elections, education, marriageArticle I, Section 9, denies certain powers to Congresspassing ex post facto lawspassing bills of attaindersuspending the writ of habeas corpustaxing exportsfavoring trade of a stategranting titles of nobilitywithdrawing money without a lawCongress cannot pass laws that violate the Bill of Rights16
17 Denied PowersEx Post Facto Law = A law that applies to an action that took place before the law was passed.Congress cannot pass a law banning the use of foreign cars and then have people arrested who used foreign cars before the law was passed*Bill of Attainder = A law sentencing a person to jail without a trial.the Constitution provides that anyone accusedof a crime must be given a trial in a court of law*Writ of Habeas Corpus = A court order requiring that an accused person be brought to court to determine if there is enough evidence to hold the person for trial.this system prevents a person from being kept in jail indefinitelythe only exception to this rule can occur in times of rebellion or invasion* these would both violate the 5th amendment due process of law17
18 Denied Powers Taxing Exports Favoring Trade of a State goods that are sent to other countries are called exportsa tax on exports would harm the country's foreign and domestic tradeCongress can pass taxes on importsFavoring Trade of a StateCongress cannot pass laws giving a state or group of states an unfair trade advantagelaws regulating trade must apply equally to all statesGranting Titles of NobilityAmericans believe that all people are created equalthey are opposed to establishing a noble class, or small group of persons with rights superior to those of other citizens (like England)Withdrawing Money Without a Lawmust pass a law indicating how money shall be spentit must specify the amount to be spent before public fundsare made availablemust pass additional laws to provide the money for carrying out any new laws it passes18