Powers of Congress
Expressed Powers
 Expressed Powers- power that the U.S. Congress has that is specifically listed
in the United States Constitution
 Found in Article I of the Constitution
 18 clauses (sections) stating the powers of Congress
 Also known as “enumerated powers”
Another name for expressed powers
Implied Powers
 Implied Powers- power that Congress has that is not stated explicitly in the
Constitution
 Article I, Section 8
Congress can do whatever is “necessary and proper”
Called the elastic clause
Clause in Article 1, Section 8 of the Constitution that gives Congress the right to
make all laws “necessary and proper” to carry out its expressed powers
Law Making Powers
 Three Major Categories
Money
Commerce
Military/Foreign Policy
1. Money
Raise and Spend Money
Require People to Pay Taxes
Print Money
2. 2. Commerce
Managing buying and selling of goods between states
3. 3. Military and Foreign Powers
Create and maintain armed forces
Only Congress has the power to declare war
Other Powers
 Creation of a Postal Service
 Creation of Federal Courts
 Set up the Government in Washington, D.C.
Nonlegislative Powers
 Suggesting amendments to the Constitution
 Approve or Reject the President’s nominees for various offices
Supreme Courts Justices, Federal Judges, Ambassadors
 Removing federal officials involved in serious wrong-doings
 2 Step Process
1. Impeach- to accuse government officials of misconduct in office
 Done by the Majority of the House voting for impeachment
2. Trial in the Senate
 Senate acts as a jury
 If 2/3 of Senate say the person is guilty, they are removed from
office
 Removing federal officials involved in serious wrong-doings
 2 Step Process
1. Impeach- to accuse government officials of misconduct in office
 Done by the Majority of the House voting for impeachment
2. Trial in the Senate
 Senate acts as a jury
 If 2/3 of Senate say the person is guilty, they are removed from
office
 Impeachment power is rarely used
 Only 2 presidents have been impeached
Andrew Johnson (1868)
Bill Clinton (1998)
 Neither president was found guilty
Both men stayed president
Limits on Congressional Powers
 Congress may not pass laws that limit freedom of speech or freedom of
religion
 Congress may not favor one state over another
 Congress cannot block the writ of habeas corpus
A court order that requires police to bring a prisoner to court to explain why
they are holding the person
 Cannot pass bills of attainder
A law that punishes a person accused of a crime without a trial
 Cannot pass ex facto laws
A law that allows a person to be punished for an action that was not against the
law when it was committed
 Cannot regulate public schools
State power
 System of Checks and Balances
Supreme Court
 Can declare laws passed by Congress unconstitutional
President
 Can veto laws passed by Congress
 Only 2/3 vote from Congress can overrule the president