The Powers of Congress
Legislative Powers Article I, Section 8 of the Constitution lists Congress’s specific or expressed powers. Clause 18 gives Congress implied powers (not stated explicitly) to do whatever is “necessary and proper” to carry out the expressed powers. Clause 18 is often called the elastic clause because it allows Congress to stretch its powers to meet new needs.
Legislative Powers Congress has the power to collect taxes to pay for government and its services. All tax bills must start in the House of Representatives and be approved by the Senate. Congress spends money by means of a two-step process: Authorization bills create projects and set an amount to be spent on them.
Legislative Powers Congress must approve all government spending. Appropriations bills actually provide the money for each program. Congress must approve all government spending. Article I, Section 8, Clause 3, the “commerce clause,” gives Congress the power to regulate foreign and interstate commerce.
Legislative Powers Laws dealing with air traffic, television, and air pollution are all based on this clause. Only Congress can declare war. Congress has the power to create, maintain, and oversee an army and navy. The Senate must approve all treaties with other countries.
Non-legislative Powers Congress has powers not related to making laws. It can propose constitutional amendments. It counts electoral votes in presidential elections. If no one receives a majority, the House picks the president and the Senate picks the vice president. If a president dies, resigns, or is too ill to serve, Congress settles the matter.
Non-legislative Powers Congress has the power to check other branches. The Senate can approve or reject the president’s nominations for jobs such as Supreme Court justice, federal judge, and ambassador. The House may impeach, or accuse officials of misconduct.
Non-legislative Powers If the majority of House members vote to impeach, the matter goes to the Senate. A two-thirds vote of guilty in the Senate is required to remove a person from office. Congress has taken on the role of overseeing government activities. Standing committees review how well the executive branch has put laws into practice.
Non-legislative Powers Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem.
Limits to Power The Constitution imposes limits on Congress. It may not pass laws that violate the Bill of Rights. Article I says that Congress may not favor one state over another, tax interstate commerce, or tax exports. Congress cannot suspend the writ of habeas corpus. This is a court order that requires police to explain why they are holding a suspect.
Limits to Power Congress may not pass bills of attainder, or laws that punish a person without a jury trial. Congress may not pass ex post facto laws that make an act a crime after the act has been committed. Congress may not interfere with powers reserved for the states.
Limits to Power Other branches can check the power of Congress. The Supreme Court may declare laws unconstitutional. The president can veto laws.