2 Legislative Powers:expressed powers: powers given to Congress in the ConstitutionExample: “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: CongressTaxing:Power to collect tax (pay for government services)All tax bills must start in the House of RepresentativesSenate must approve
4 Legislative Powers Continued: Spending:Bills to spend money must start in the House of Representatives2-Step ProcessAuthorization bill: creates programs and establishes how much money canbe spent on them.Appropriations bill: actually provides the money for each programNO government agency can spend money without approval from Congress
5 Legislative Powers Continued: Regulating CommerceCongress regulates foreign and interstate tradeForeign commerce: business with other countriesInterstate commerce: business among the statesForeign Relations and Treaties:ONLY Congress can declare warHas the power to create, maintain, and oversee an army and navySenate 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 justicesThe Senate regularly rejects nomineesCongress has power to remove federal officials from office who commit serious wrong-doing.ONLY the House of Representatives has the power to impeach officialsTwo 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 actionChecks the executive branchMonitor effectiveness of federal programsSpecial InvestigationsREVIEW 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 anotherno taxation of interstate commercecannot tax exportscannot 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 powersPresident 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