Implied Powers
• Implied Powers – powers that are not
directly stated in The Constitution
• “Necessary and Proper Clause”– Gives Congress implied powers
– aka Elastic Clause
– Gives Congress the power to make all
“necessary and proper” laws for executing its
powers
Expressed Power:
Collect Taxes
• Implied Powers:
– Punish tax evaders
– Regulate the sale of
certain items (alcohol)
and outlaw the use of
others (narcotics)
Expressed Power:
Establish Naturalization Law
• Implied Power
– Regulate and limit
immigration
Expressed Power:
Raise Armies and Navies
• Implied Power:
– Draft Americans into
the military
Expressed Power:
Regulate Commerce
• Implied Power
– Establish minimum wage
– Ban discrimination in the
workplace
– Pass laws protecting
disabled
– Regulate monopolies
– Interstate highways
Expressed Power:
Establish Post Offices
• Implied:
– Prohibit mail fraud
– Ban shipping of certain
items
Expressed Power:
The War Powers
• Implied Powers
– Establish the U.S.
Air Force
Expressed Power:
Spend money for the general welfare
• Implied
– Cut federal highway
funding to states that
set the minimum
drinking age below 21
Nonlegislative Powers of Congress
Constitutional Amendments
• Congress may
propose Amendments
by a 2/3 vote in each
house
• Congress may call a
national convention of
delegates from each
state to propose an
amendment
Electoral Duties
• House of Representatives
elects the President if no
candidate receives a
majority of the electoral
votes.
• The Senate chooses the
Vice President if this
happens.
• Both houses of Congress
must approve a
replacement VP if a
vacancy occurs.
Appointments
• All major presidential
appointments must be
confirmed by the
Senate (Cabinet
positions, Supreme
Court Justice)
Treaties
• The President makes
treaties “by and with the
Advice and Consent of
the Senate”
• Usually consults
members of the Senate
Foreign Relations
Committee when
negotiating a treaty
Investigatory Power
• Congress can
investigate any matter
that falls within the
scope of its legislative
powers
Congress may choose to conduct
investigations through its standing committees
for several reasons:
(1) to gather information useful to Congress in the making
of some legislation;
(2) to oversee the
(3) to focus public attention
operations of various
on a particular subject;
executive branch agencies;
(4) to expose the
(5) to promote the particular
questionable activities of
interests of some members
public officials or private
of Congress.
persons;
Impeachment
• Impeachment: a
charge brought
against someone
who holds a
government office
that has committed
wrongdoings
• DOES NOT MEAN REMOVAL
FROM OFFICE!!!
• Only 2 Presidents
have ever been
impeached:
Andrew Johnson
Bill Clinton
Nixon was not
impeached!!!
Reasons
• Treason
• Bribery
• High crimes and
misdemeanors
Impeachment Process
• The House of Representatives Judiciary
Committee makes sure there is enough proof to
have a hearing and present their findings to the
House
• The House then holds hearings and listens to
testimonies from witnesses.
• If most of the members vote for impeachment it
moves to the Senate
• The Senate has the sole power to try all
impeachments.
• When the President is on trial, the Chief
Justice presides
• Senate votes; 2/3 votes (67) required in
order to remove President from office.
• Zero presidents have
been removed from
office following
impeachment.
• Several federal
judges have been.
• Images courtesy of
Google Images.