The Powers of Congress

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Chapter 6.2

• The Powers of Congress

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Legislative Powers

• Article I, Section 8 of the Constitution lists
  Congresss 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.

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• Congress has the power to collect taxes to pay
  for govt 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
  govt spending.

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• 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.

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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.

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• Congress has the power to check other branches.
  The Senate can approve or reject the presidents
  nominations for jobs such as Supreme Court
  justice, federal judge and ambassador.

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• 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.

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• Congress has taken on the role of overseeing
  govt 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.

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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.

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• 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.