The Powers of Congress

Powers Granted to Congress

• Delegated powers give Congress the authority to make laws in five important areas– Financing Government– Regulating and Encouraging American Trade

and Industry– Defending the Country– Enforcing laws– Providing for Growth

Powers Granted to Congress

• Financing Government– Congress has the authority to raise and

collect taxes, borrow money, and print and coin money

• Regulating and Encouraging American Trade and Industry– Congress can regulate trade with foreign

countries and among the states– Pass laws that protect the rights of inventors

Powers Granted to Congress

• Defending the Country– Congress has the power to declare war and to

maintain an army and a navy

• Enforcing Laws– Congress can pass laws concerning such crimes as

counterfeiting and treason– Congress establishes a system of national courts

• Providing for Growth– Congress has the power to regulate immigration and

pass naturalization laws– Provide for admission of new states

Implied Powers

• Congress has the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”– Known as the necessary and proper or elastic clause

of the Constitution– It allows Congress to stretch the delegated powers

listed in the Constitution to cover many other subjects– Powers claimed under the elastic clause are called

implied powers

Power to Impeach

• Power to accuse high federal officials of serious crimes against the country– Including the President, Vice President and federal judges

• Also can bring them to trial• Congress may remove these officials from office, if found

guilty of serous crimes• The process of drawing up and passing the list of

charges is called impeachment– The Vice President or President of the Senate presides over the

trial– Ex. Treason or betraying or endangering one’s country

Special Powers

• House has three special powers– The House alone can start impeachment

proceedings– All bills for raising money must begin in the

House– If no presidential candidate receives the

number of electoral votes needed to be elected, House members choose the president

Special Powers

• The Senate has four special powers– All impeachment trials must be held in the Senate– If no vice-presidential candidate receives the number

of electoral votes needed to be elected, then senators choose the vice president

– All treaties, or written agreements, with foreign nations must be approved in the Senate by 2/3 vote

– Certain high officials appointed by the President must be approved in the Senate by a majority vote

Limits on Powers

• Passing Ex Post Facto Laws– A law that applies to an action that occurred before

the law was passed

• Passing Bills of Attainder– A law that sentences a person to prison without a trial

• Suspending the Writ of Habeas Corpus– The writ is a court order requiring that the accused

person be brought to court

• Taxing Exports– Goods sent to other countries our exports and a tax

on exports would harm trade

Limits on Powers

• Passing Laws that Violate the Bill of Rights• Favoring Trade of a State

– Cannot pass laws giving a state or group of states an unfair trade advantage

• Granting Titles of Nobility– Congress cannot make a noble class or small group

of persons with rights superior to those of other citizens

• Withdrawing Money Without a Law\– Congress must provide the money for carrying out

any new laws it passes

Other Roles of Congress

• One of the congress members’ most important duties is to serve their constituents– Constituents – the people in their home

districts or states

• Power to conduct investigations– Either house of Congress may investigate

national issues