The Powers of Congress

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The Powers of Congress
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Limited Government

• Cant suspend the
• Writ of Habeas Corpus-
• Court order that requires police to bring a
  prisoner to court to explain why they are holding
  the person
• Cant pass any
• Bills of Attainder
• Laws that punish a person w/o access to a jury
  trial
• Ex post facto laws
• Laws that make an act a crime after the act has
  been committed

• -Article One
• -Congress is given certain powers
• -defined in Article 1 of the Constitution
• -Congress is denied certain powers
• -defined in Article 1
• What Congress cant do
• Cant favor one state over another
• Cant tax interstate trade
• Cant tax exports

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Expressed Powers

• -Expressed (written in constitution), Delegated,
  Enumerated, Exclusive are all the same
• -Powers given to Congress in Article One
• -Examples
• Money
• Can collect taxes
• Borrow
• Coin
• Military
• Can declare war
• Can raise an army

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Implied Powers

• -Powers given to Congress by the Necessary and
  Proper Clause
• NOT written in Const!
• Aka the ELASTIC CLAUSE
• -Interpretation of the Constitution
• Examples
• Power to tax and collect taxes implies
• the power to support school
• Power to draft

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Additional Powers

• -Power to Investigate
• This is an example of checks and balances
• -Power to Propose Amendments
• -Power to Impeach
• Impeach- formally accuse officials of misconduct

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Powers of the House
-Must start all Appropriation Bills -power of
the purse-- Power of the House whereby all
revenue producing bills must be introduced in the
House of Representatives authorization bills-
allow beginning of projects and AUTHORIZE how
much can be spent appropriation bills-
provide for each program/decide how much will
be appropriate to spend -Picks President if no
winner (tie) in Electoral College -Begins the
Impeachment Process

• No govt agency can spend w/o approval from
  Congress

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Powers of the Senate

• -Approves Presidential Appointments
• Pres appoints, Senate approves
• -Approves all Treaties
• Pres appoints, Senate approves
• -Acts as jury in Impeachment cases

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Other Limits

• If both houses of Congress can get 2/3 vote they
  can override a Presidential veto!

• -10th Amendment
• Remember any powers denied to national govt
  (congress) and given to STATES
• -Checks and Balances System
• Each branch of govt exercises some control over
  the others!
• Examples of checks and balances
• Supreme Ct can declare laws established by
  Congress unconstitutional
• President can veto bills passed by congress
  before they become laws
• -Two Party System

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