Powers of Congress

Powers of Congress

Introduction • Congress is given specific powers to solve the nation’s problems, but also places strict limits on what it can and cannot do. • These powers cause great debate. • Other powers are left to state and local governments (reserved powers) • EXAMPLE: County Roads v. Interstates • Powers are granted to Congress in the Constitution of the United States

The Constitution • Article 1, Section 8 of the Constitution grants specific powers to Congress. • These are known as EXPRESSED POWERS, or DELEGATED POWERS.

Group Assignment • Open books up to page 112-113. • Pair up with a partner and write down some of the powers that are granted to Congress. (5 minutes) • What broad categories are listed? • Be specific and be prepared to give examples of these powers. • Pay attention when discussing so you don’t repeat an answer already given.

Expressed Powers • These powers are broken into 5 main groups: • Financing Our Government • Regulating/Encouraging Trade and Industry • Defending The Nation • Enforcing The Nation’s Law • Providing for the Nation’s Continuing Growth

Financing Our Government • Congress can raise and collect taxes, borrow money, and print and coin money. • It can use funds it collects to pay the debts of the United States. • It uses these funds to provide for the country’s defense and provide for the general welfare of people. • EXAMPLE: No Power To Collect Taxes Early

Regulating Trade • Congress can regulate trade with foreign countries and among states. • It sets a uniform standard of weights and measures. • Passes bills to protect the rights of inventors • Congresses establishes post offices and builds roads to help businesses.

Defending The Nation • Congress has the power to declare war and to maintain an army and a navy • It can also provide for a citizen army that can be called into duty in case of emergency.

Enforcing Laws • Congress can pass laws concerning such crimes as counterfeiting and treason. • Congress can establish a system of national courts to see that these laws are followed.

Impeachment Power • What does impeach mean? • The House has the power to impeach/accuse, while the Senate has the power to put the accused on trial. • If the President is on trial, the Chief Justice of the Supreme Court serves as judge. Why?

Presidential Impeachments Clinton Nixon Johnson

Providing For Continued Growth • Has the power to admit new states. • It also can pass naturalization laws. • What are naturalization laws? • Naturalization laws make it possible for people born in foreign nations to become American citizens

The Elastic Clause • Refer back to page 113. • Read Section 8.18 again. • What does this power suggest?

The Elastic Clause • This is the most important power Congress has. • This is known as the ELASTIC CLAUSE, or more commonly, THE NECESSARY AND PROPER CLAUSE. • This is called the Elastic Clause because it allows Congress to stretch the powers already listed.

The Elastic Clause • This clause permitted Congress to pass laws covering situations that did not exist in 1787. • EXAMPLE: Air Force Academies • The Constitution does not give Congress this specific power. • Powers under the ELASTIC CLAUSE are also called IMPLIED POWERS.

Special Powers - House • Can start impeachment proceedings. • All bills for raising money must start here. • If no Presidential candidate receives the number of votes to be elected, the House chooses the President.

Special Powers - Senate • Holds impeachment trials. • Chooses Vice President if no VP receives the votes needed. • All treaties must be approved by the Senate. • Certain high officials appointed by the President must be approved by the Senate.

Limits on Powers • The Supreme Court has the power to stop Congress when it has gone beyond the powers listed. • Hence the law has no force • 10th Amendment – Declares that the states keep all powers not granted to the Federal government • Reserved Powers • EXAMPLES: Education, Elections, Marriage

Limits on Powers • Open books to page 113 • Section 9.1-9.8 • This section of the Constitution denies specific powers to Congress • Read the Powers Denied to Congress and rank the top 3 which you deem most important and give reasons why.

Ex Post Facto Laws • A law that applies to an action that took place before the law was passed. • EXAMPLE: Today it is not against the law to buy/sell foreign autos. If Congress passes a law denying this right, persons cannot be arrested for prior actions.

Bill of Attainder • A law that sentences a person to jail without granting the person a trial. • The Constitution provides that anyone accused of a crime must be given a trial in a court of law.

Suspending Habeas Corpus • Court order requiring that the accused person be brought to court to determine if there is enough evidence to hold trial • EXAMPLE: If Congress had this right, a person might be kept in jail indefinitely without formal charges being brought

Cannot Tax Exports • Goods sent to other countries are called EXPORTS. • Taxing exports would harm our own foreign and domestic trade. • Congress can, however, tax imports. These taxes are called ________.

Violating The Bill of Rights • The first 10 Amendments to the Constitution are the BILL OF RIGHTS. • Congress cannot pass a law that violates these rights. • EXAMPLE: Stopping freedom of press

Favoring Trade • Congress cannot pass a law giving any state/group an unfair advantage of trade. • Congress can pass laws regulating trade, but these must apply to all states.

Withdrawing Money • Congress must pass a law telling how money will be spent before public funds are made available. • This means that Congress must pass money laws to provide the money for carrying out the other laws it passes.

The End

Remainder/Tomorrow • Assignment: Section 3 (Outline) • We will now go to the computer lab to work on: • Congressional Powers Webquest • Representatives Webquest • Senators Webquest • These worksheets are due Friday April 20th at the start of class

Powers of Congress