1. Chapter 6, Section 2 The Powers of Congress

2. Main Idea
While the Constitution limits the powers of Congress, it also gave Congress enough power to conduct its business and accomplish its goals!

3. I. Legislative Powers
A. Expressed Powers- specific powers given to Congress
***Article I, Section 8 of the Constitution.***
B. Implied Powers- Congress’ powers to do whatever is “necessary and proper” to carry out the expressed powers.
C. Elastic Clause- another name for implied powers.
***Allows Congress to stretch its powers to meet new needs***

4. ***Congress must approve all spending!!!***
D. Congress has the power to collect taxes to pay for government and its services.
***All tax bills must start in the House and be approved by the Senate.***
E. Congress spends money in a two-step process:
1. Authorization Bills- create projects and sets an amount to be spent on them.
2. Appropriation Bills- actually providing the money for each program.
***Congress must approve all spending!!!***

5. F. Congress also has the power to regulate foreign and interstate commerce.
***Laws dealing with air pollution, air traffic, television, are based on this clause***

6. G. Only Congress can declare war.
***Senate must approve all treaties with other countries.***

7. ***Why did the Founders give Congress such broad powers???***
- The Founders knew that they could not foresee every situation Congress might face. They included the “necessary and proper” clause to allow Congress to stretch its powers to meet new needs.

8. II. Non-legislative Powers
A. Congress also has powers not related to making laws.
1. Propose Amendments
2. Count electoral votes in Presidential elections.
3. In the case of a tie, House would pick the President, Senate picks Vice P.

9. B. Congress has the power to check on other branches
B. Congress has the power to check on other branches. The Senate can approve or reject Presidential nominations.
*** President can nominate jobs for the Supreme Court, Federal Judges, and Ambassadors***

10. C. House has the power to impeach.
D. Impeach- accuse officials of misconduct
***If the majority of the House votes to impeach an official, the matter then goes over to the Senate. A two-thirds vote in Senate is required to remove the individual from office!***
Bill Clinton Andrew Johnson

11. ***Congress conducts special investigations that may lead to criminal charges or new laws to deal with the problem.***
Testifying in front of Congress (2005)
Mark McGuire

12. III. Limits On Power
A. Constitution limits the power of Congress.
1. It cannot pass laws that violate the Bill of Rights
2. Cannot favor one state over another
3. Cannot tax interstate commerce

13. ***Congress cannot suspend writ of habeas corpus.***
B. Writ of Habeas Corpus- Court order that requires police to explain why they are holding a suspect.
***Congress cannot pass bills of attainder.***
C. Bill of Attainder- Laws that punish a person without a jury trial.

14. ***Congress may not pass ex post facto laws.***
D. Ex Post Facto- laws that make an act a crime AFTER the act has already been committed.
***Other branches can check the power of Congress.***
***Supreme Court can declare laws unconstitutional. President can Veto Bills!***

15. Mini Quiz!!! Daughtry- Tonight
1. Congress’ ability to stretch its power to meet new needs….?
2. Powers specifically listed in the Constitution and given to Congress?
3. Who has the power to impeach?
4. If you commit and act, and days later get arrested for that act, even though it was not a crime the time you did it….?
5. Name a check the President has on Congress.