Chapter 6.2 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.
continued Congress has the power to collect taxes to pay for gov’t 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. Appropriations bills actually provide the money for each program. Congress must approve all gov’t spending.
continued Article I, Section 8, Clause 3, the “commerce clause”, gives Congress the power to regulate foreign and interstate commerce. 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.
Nonlegislative 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.
continued 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.
continued The House may impeach, or accuse officials of misconduct. If the majority of House members vote to impeach, the matter goes to the Senate. A 2/3rds vote in the Senate is required to remove the person from office.
continued Congress has taken on the role of overseeing gov’t activities. Standing committees review how well the executive branch has put laws into practice. Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem.
Limits on 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.
continued Congress may not pass bill 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. Other branches can check the power of Congress. The Supreme Court may declare laws unconstitutional. The president can veto bills.