Chapter 6, Section 2
The Powers of Congress
Main Idea

While the Constitution limits the powers of
Congress, it also gave Congress enough power
to conduct its business and accomplish its
goals!
I. Legislative Powers
A. Expressed Powers- specific powers given to
Congress
***Article I, Section 8 of the Constitution.***
B. Implied Powers- Congress’ powers to do
whatever is “necessary and proper” to carry out
the expressed powers.
C. Elastic Clause- another name for implied powers.
***Allows Congress to stretch its powers to meet new
needs***
D. Congress has the power to collect taxes to pay
for government and its services.
***All tax bills must start in the House and be
approved by the Senate.***
E. Congress spends money in a two-step process:
1. Authorization Bills- create projects and
sets an amount to be spent on them.
2. Appropriation Bills- actually providing
the money for each program.
***Congress must approve all spending!!!***
F. Congress also has the power to regulate
foreign and interstate commerce.
***Laws dealing with air pollution, air traffic,
television, are based on this clause***
G. Only Congress can declare war.
***Senate must approve all treaties with other
countries.***
***Why did the Founders give Congress such
broad powers???***
- The Founders knew that they could not foresee
every situation Congress might face. They
included the “necessary and proper” clause to
allow Congress to stretch its powers to meet
new needs.
II. Non-legislative Powers
A. Congress also has powers not related to
making laws.
1. Propose Amendments
2. Count electoral votes in Presidential
elections.
3. In the case of a tie, House would pick the
President, Senate picks Vice P.
B. Congress has the power to check on other
branches. The Senate can approve or reject
Presidential nominations.
*** President can nominate jobs for the
Supreme Court, Federal Judges, and
Ambassadors***
C. House has the power to impeach.
D. Impeach- accuse officials of misconduct
Bill Clinton
Andrew Johnson
***If the majority of the House votes to impeach
an official, the matter then goes over to the
Senate. A two-thirds vote in Senate is required
to remove the individual from office!***
***Congress conducts special investigations that
may lead to criminal charges or new laws to
deal with the problem.***
Testifying in front of
Congress (2005)
Mark McGuire
III. Limits On Power
A. Constitution limits the power of Congress.
1. It cannot pass laws that violate the
Bill of Rights
2. Cannot favor one state over another
3. Cannot tax interstate commerce
***Congress cannot suspend writ of habeas
corpus.***
B. Writ of Habeas Corpus- Court order that
requires police to explain why they are holding
a suspect.
***Congress cannot pass bills of attainder.***
C. Bill of Attainder- Laws that punish a person
without a jury trial.
***Congress may not pass ex post facto laws.***
D. Ex Post Facto- laws that make an act a crime
AFTER the act has already been committed.
***Other branches can check the power of
Congress.***
***Supreme Court can declare laws
unconstitutional. President can Veto Bills!***
Mini Quiz!!!
Daughtry- Tonight
1. Congress’ ability to stretch its power to meet
new needs….?
2. Powers specifically listed in the Constitution
and given to Congress?
3. Who has the power to impeach?
4. If you commit and act, and days later get
arrested for that act, even though it was not a
crime the time you did it….?
5. Name a check the President has on Congress.