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Government Chapter 6

Powers of Congress
by

Michele Goostree

on 9 January 2015

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Transcript of Government Chapter 6

Chapter 6:
Congressional POWER!

Review...
Expressed Powers - Powers directly stated in Constitution
Necessary and Proper Clause - Congress has power to make all laws necessary and proper to carrying out duties
Implied Powers - Powers given to government to carry out expressed power
Something New...
Strict Constructionist - follows literal meaning of Constitution
Loose Constructionist - interprets Constitution to fit current needs (follow necessary and proper idea)
What CAN'T Congress Do?
Suspend habeas corpus
Pass bills of attainder
Pass ex post facto laws
Tax exports
Power to tax and spend
(with Congressional approval)
Revenue bills
~laws for raising money
~start in the House
Appropriations bills
~laws that authorize spending
~requests from Executive branch
Borrowing power
~sell savings bonds, treasury bills, treasury notes
Commerce Power
~regulate foreign trade
~regulate interstate commerce
~regulate trade among states
Foreign Policy Powers
~approve treaties
~declare war
~create/maintain military
~military rules
~regulate foreign business
Other legislative Powers...
Naturalization - process of becoming a citizen
Copyrights - exclusive right to publish and sell literature, music, and art
Patent - exclusive right of inventor to manufacture, use, and sell invention
6 Non-legislative Powers of Congress
1. House chooses president (electoral votes), Senate chooses VP
2. Both houses confirm Presidential appointments for VP
3. House has power of impeachment; Senate approves with 2/3
4. Senate approves Presidential appointment (fed. office)
5. Senate ratifies treaties between U.S. and others
6. Constitution amended with 2/3 vote from both
The Power to Investigate
Subpoena
legal order to appear in court
Perjury
Lie under oath
Contempt
Willful obstruction of witness
(ex: refusing to testify)
Immunity
Freedom from prosecution for witness whose testimony ties them to illegal acts
If Congress conducts an investigation
New legislation to deal with problem
Changes in a government program
Removal of officials from office
Damage to reputation of the innocent
Legislative Veto
Cancels action of Executive Branch
National Budget
Annual financial plan for government
Impoundment
President's refusal to spend money Congress has voted for program.
(court order to release accused prisoner to determine guilt)
(laws that establish guilt and punish people without a trial)
(laws that make crimes of acts that were legal when they were committed)
The Impeachment Process
Impeachment (defined)
1. Formal statement of charges
2. First step to possible removal
What happens next?
1. Trial in House
2. If "Impeached," trial moves to Senate
And then...
3. Trial in Senate
4. 2/3 vote is required for impeachment
5. If 2/3 vote not cast, President remains in office
Question:
Can Presidents, Vice Presidents, and Civil Officers Face Criminal Charges?
Only if impeached by House & Senate
Reasons to Impeach:
"The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
~Article II, Section 4, U.S. Constitution
Question:
Who gives Congress the power to tax and spend?
Congress
Question:
How are Congressional investigations like trials?
Legal standards of a court of law apply
"Defendants" can 'plead the 5th'
and have legal counsel present
Congressional Potpourri!
Full transcript