1. Lesson 2: Powers of Congress
Students will know:
Specific powers expressed in Article 1, Section 8 of the Constitution
Understand how the elastic clause can stretch the powers of Congress to meet certain unforeseen challenges.
Question how interpretation under the elastic clause may open a path for abuse of power.

2. Legislative Powers
Through legislation, Congress passes many laws that affect all aspects of our daily lives
Citizens’ knowledge of these powers, and how Congress uses them, helps voters determine how well they are performing.

3. Expressed Powers
Powers specifically given to Congress, as written in the Constitution
Also called Enumerated powers
These are contained in Article I, Section 8
See table on page 166

4. These powers affect our nation’s monetary and banking systems, trade and commerce, defense of our nation, transportation, environment, , citizenship and naturalization, inventiveness, transportation.

5. Implied Powers Article I, Section 8, Clause 18
Gives Congress the power to make any laws “…necessary and proper” to carry out its expressed powers.

6. Example, creating roads, as well as regulating foreign and interstate commerce has been later interpreted to include creation of the Federal Aviation Administration (FAA) regulating air travel, never dreamt of by the writers of the Constitution.

7. Lawmaking Powers Lawmaking is Congress’ priority.
Three main categories
Money
Commerce
Military / Foreign Policy

8. Money Power to raise money through taxation
They set tax rates for individuals and corporations.
Who gets taxed for how much is always a matter of debate

9. Impeachment
A Federal official can be removed from office for committing serious wrongdoing in office.
It is a two step process. The House of Representatives must vote to charge someone (Impeach them). Then, the Senate will hold a trial to decide if the person is guilty, or innocent of the charges.

10. Things Congress Can’t DO!!!!
Tax Exports
Cannot Pass Laws to restrict Freedom of Speech.
Cannot Block the Writ of Habeus Corpus (Can’t hold someone with charging them for an undetermined amount of time). This can be waived in wartime only.
Cannot Pass a Bill of Attainder-Punish a person without trial.
Cannot Pass a Post Ex Facto Law- A law that would punish people who committed an act before the law came into existence.

11. According the excerpt, which branch of government has the
power to declare war?

12. According to Lincoln, the Framers gave Congress the power to declare war to avoid

13. Lesson 2 review
1. How is the elastic clause related to Congress's implied powers?
The elastic clause in the Constitution grants Congress its implied powers because it allows Congress to use its powers in ways not expressly stated in the document.

14. 2. Why do you think that the House rarely impeaches a top government official?
The House rarely impeaches an official because doing so starts a time- consuming and difficult process.

15. 3. How does preventing Congress from passing a bill of attainder help safeguard rights?
Preventing Congress from passing a bill of attainder safeguards rights by preventing Congress from punishing someone without allowing a trial.

16. 4. What are three examples of expressed powers of Congress?
Expressed powers include the power to lay and collect taxes, borrow money, coin and print money, declare war, and provide for all “necessary and proper” laws.

17. 5. What are two nonlegislative powers given to Congress?
Nonlegislative powers include the powers to propose Constitutional amendments, to approve or reject the president’s nominees for various offices, and to impeach and try officials.