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There are three main types of congressional powers:

The 3 main types break down into 4 categories:

Money

Commerce

Military and

Foreign Policy

Other Legislative

Powers

(Catch all)

commerce - noun - activities that relate to the buying and selling of goods and services

Article I, Section 8, Clause 3 has come to be known as the Commerce Clause. It is one of the most far-reaching grants of power to Congress

"Interstate Commerce" covers all movement of people and things across state lines - including communications and transportation. Thus, if something related to commerce crosses a state border, Congress has power over it.

A classic example of Congress using this power is the outlawing of racial segregation.

This Clause is often called the "elastic clause" because it allows congress to stretch its powers to meet new needs

It is also known as the "necessary and proper clause," because it allows Congress to pass any laws that are necessary and proper to carry out its other powers

This clause is the foundation of the second type of Congressional Power: Implied power

Constitutional Amendments

Impeachment (House)

A 2/3rds vote is required to convict an official and remove him/her from office.

Electoral Duties

House elects the President

If the vice presidency is vacant, the president nominates a new one. Congress has the power to confirm the nomination.

Senate elects the Vice President

Executive Powers

Investigatory Power

gather information

focus public attention

Oversee Executive Branch agencies

- Called an Oversight hearing

expose questionable activities

promote interests of members of Congress

Powers of Congress

Types of Congressional Powers

Implied

Expressed

Non-legislative

implied powers

powers reasonably deduced from expressed powers

expressed powers

powers explicitly written in the Constitution

these powers are not explicitly stated in the Constitution, hence the are implied

non- legislative powers

these are powers and duties that are not related to making laws

implied powers and the elastic clause have been controversial since the Constitution was written

Found in Article I, Section 8

18 powers total

Also known as "enumerated powers"

imply - verb - to express (something) in an indirect way : to suggest (something) without saying or showing it plainly

Article I, Section 8, Clause 18

The Elastic Clause

Military and Foreign

Policy Powers

Money Powers

a number of Congress' expressed and implied powers deal with money

a number of Congress' expressed and implied powers deal with the defense of the country

Expressed Money Powers

- Clause 1: lay and collect taxes to provide for the defense and general welfare of the United States

- Clause 2: Borrow Money

- Clause 4: Establish bankruptcy laws

- Clause 5: Coin, print, and regulate money

- Clause 6: Punish Counterfeiters of American currency

In other words, only Congress can truly make that paper.

Expressed Military and Foreign Policy Powers

- Clause 11: Declare war

- Clauses 12, 13, 14: Raise, support, and regulate an army and navy

- Clauses 15 and 16: Provide, regulate, and call into service a militia, known as the National Guard

- Clause 10: Punish acts committed on international waters and the laws of nations

Implied Money Powers

-Clause 1: Lay and collect taxes implies the power to support public schools, welfare programs, public housing, etc.

- Clause 2: Borrow money implies the power to maintain the Federal Reserve Board

Implied Military and Foreign Policy Powers

- Clauses 12, 13, 14: Raise and support an army implies the right to draft people into the armed services

Commerce Power

Other Legislative Powers

a collection of other legislative powers of Congress

Expressed Commerce Power

- Clause 3: Regulate foreign and interstate commerce

Congress has to power to protect patents, you know, for inventions ... like the Gerbil Vest.

Other Legislative Expressed Powers

- Clause 4: Establish laws of naturalization (becoming a citizen)

- Clause 7: Establish post offices and post roads

- Clause 8: Grant copyrights and patents

- Clause 9: Create lower federal courts

- Clause 17: Govern Washington, D.C.

- Clause 18: Provide for laws necessary and proper for carrying out all of the other listed powers (the Elastic Clause!)

Implied Commerce Power

- Clause 3: To regulate commerce implies the power to prohibit discrimination in restaurants, hotels, and other public accommodations

Other Legislative Implied Powers

- Establish laws of naturalization implies the power to limit the number of immigrants to the United States (Clause 4)

http://www.pbs.org/wnet/supremecourt/antebellum/landmark_gibbons.html

Gibbons vs. Ogden (1824)

1ST COMMERCE CLAUSE CASE

It was a case about steamboats and the Supreme Court's ruling greatly expanded the power of Congress through the Commerce Clause

Nonlegislative Powers

Congress proposes amendments by 2/3 vote in each house

http://en.wikipedia.org/wiki/Twelfth_Amendment_to_the_United_States_Constitution

But you knew that already, didn't you?

If no presidential candidate receives a majority of electoral votes (270), the election is decided by Congress. Comes out of the 12th Amendment

impeach: to accuse an official of misconduct in office

Impeachment

The Constitution allows Congress to remove from office any federal official (President, judges, etc.) involved in serious wrongdoing. It is a two step process.

Trial in the Senate

Requires a Majority Vote

Congress has the power to investigate and hold hearings any matter that falls within the scope of legislative powers

Treaties are made "by and with the Advice & Consent of the Senate..."

Presidential APPOINTMENTS are confirmed by Senate vote...

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