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GRAPHIC ORGANIZER
Powers of Congress
CHART
er Legislative Pow
Powers of Congress
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Lesson 2
Powers of Congress
ESSENTIAL QUESTION Why do people create, structure, and change governments?
It Matters Because
The Framers gave Congress many powers and also placed some
limits on those powers.
Legislative Powers
SS.7.C.3.3 Illustrate the structure and
function (three branches of government
established in Articles I, II, and III with
corresponding powers) of government in
the United States as established in the
Constitution.
SS.7.C.3.8 Analyze the structure, functions,
and processes of the legislative, executive,
and judicial branches.
LA.7.1.6.1 The student will use new
vocabulary that is introduced and taught
directly.
GUIDING QUESTION What kinds of lawmaking powers were given to Congress by the
PHOTOS: (tc) Getty Images; (tr) CNN/AFP/Getty Images
NGSSS covered in
“Legislative Powers”
Constitution?
Have you noticed the rating given to a video game? That rating
is required by law. You can thank Congress for that law.
Congress has enormous influence over life in the United
States. Its decisions affect our nation’s society and economy.
Its actions also affect your family and your life. In fact, the
actions taken by Congress even affect many people living in
other nations. Understanding what powers Congress has—and
how those powers are limited—is vital knowledge for every
American citizen.
Expressed Powers
Reading HELP DESK
Most of the powers that the Constitution gives to Congress are
listed in Article I, Section 8. These powers that are clearly stated
in that document are called the expressed powers or the
enumerated powers of Congress. There are 18 clauses listing
powers specifically given to Congress. Clause 5, for example,
says, “The Congress shall have the Power . . . To coin Money.”
Content Vocabulary
Taking Notes: Identifying
Create a graphic organizer similar to the one
shown. As you read, write each important
power of Congress. SS.7.C.3.3
Powers of
Congress
• expressed power
• enumerated power
• implied power
• elastic clause
• nonlegislative power
• impeach
Lesson 2 203
POWERS OF CONGRESS
SELECTED EXPRESSED POWERS
SELECTED IMPLIED POWERS
Money Powers
s Lay and collect taxes to provide for the
defense and general welfare of the
United States (Clause 1)
s Borrow money (Clause 2)
s Establish bankruptcy laws (Clause 4)
s Coin, print, and regulate money (Clause 5)
s Punish counterfeiters of American
currency (Clause 6)
s Lay and collect taxes implies the power to
support public schools, welfare programs,
public housing, etc.
s Borrow money implies the power to
maintain the Federal Reserve Board
Commerce Powers
s Regulate commerce implies the power to
prohibit discrimination in restaurants,
hotels, and other public accommodations
s Regulate foreign and interstate
commerce (Clause 3)
Military and Foreign Policy Powers
s Declare war (Clause 11)
s Raise, support, and regulate an army and
navy (Clauses 12, 13, & 14)
s Provide, regulate, and call into service a
militia, known as the National Guard
(Clauses 15 &16)
s Punish acts committed on international
waters and against the laws of nations
(Clause 10)
s Raise and support an army implies the
right to draft people into the armed
services
Other Legislative Powers
s Establish laws of naturalization (Clause 4)
s Establish post offices and post roads
(Clause 7)
s Grant copyrights and patents (Clause 8)
s Create lower federal courts (Clause 9)
s Govern Washington, D.C. (Clause 17)
s Provide for laws necessary and proper for
carrying out of all other listed powers
(Clause 18)
s Establish laws of naturalization implies the
power to limit the number of immigrants
to the United States
CHART SKILLS
The 18 clauses of Article I, Section 8 of the Constitution spell
out the expressed powers of Congress.
CRITICAL THINKING
1 Explaining Why is the power to lay and collect taxes the
one that the Constitution places in the very first clause?
Source: Congress A to Z, 4th ed. (Washington, D.C.: CQ Press 2003.).
2 Synthesizing Why are there no clauses listed for each of the
implied powers on the right-hand side of the chart?
SS.7.C.3.3
Reading HELP DESK
Content Vocabulary (cont.)
• writ of habeas corpus
• bill of attainder
• ex post facto law
204 The Legislative Branch
expressed power power that
the U.S. Congress has that is specifically
listed in the Constitution
enumerated power another
name for expressed power
Implied Powers
PHOTO: Getty Images
Certain powers are given to Congress even though
they are not specifically stated in the Constitution.
The source of these powers is Article I, Section 8,
Clause 18. This clause says that Congress has the
power to do whatever is “necessary and proper”
to carry out its expressed powers. The powers that
Congress has because of Clause 18 are called
implied powers. This means they are not stated
directly in the Constitution but can be understood to
be granted.
Clause 18 is often called the elastic clause because
it has allowed Congress to stretch its powers to meet
new needs. For instance, the Constitution does not
state that Congress has the power to hire millions of
people to work in the Defense Department. Under the
elastic clause, though, Congress has done just that. It
did so as part of its expressed power to support the
armed forces.
Lawmaking Powers
The Constitution gives Congress expressed
and implied powers. Setting up a national
postal service is one of the expressed
powers in Article 1, Section 8, Clause 7. At
the time the Constitution was written,
there were no electronic forms of
communication.
▲
Most of Congress’s powers relate to making laws.
As the chart on the powers of Congress shows,
many lawmaking powers fall into one of three major
categories—money, commerce, and military and
foreign policy.
Congress has the power to raise and spend money. That
includes the power to require people to pay taxes and the
power to print money. Congress can also regulate, or manage,
commerce that takes place across state lines. Commerce is the
business of buying and selling goods and services. Finally,
Congress makes laws about defense matters, war, and foreign
policy issues. Congress has the power to create and maintain
armed forces. Congress alone has the power to declare war.
Other lawmaking powers do not fit into these categories.
The Constitution also gives Congress the power to create a
postal service and a federal court system. In addition, Congress
has the power to set up the government of Washington, D.C.
CRITICAL THINKING
Making Inferences Why do you think this
power was considered important enough to
be listed as an expressed power in the
Constitution? SS.7.C.3.3
PROGRESS CHECK
Expressing Why is the “necessary and proper” clause also called the elastic
clause?
implied power power that
Congress has that is not stated explicitly
in the Constitution
elastic clause clause in Article I, Section 8
of the Constitution that gives Congress the right
to make all laws “necessary and proper” to carry
out its expressed powers
Academic Vocabulary
regulate to manage or to
control
Lesson 2 205
Other Powers and Limits
GUIDING QUESTION What powers does Congress have to check
the powers of the other branches of government?
The most important duty of Congress is
to legislate, or make laws. Congress also
has a number of duties and responsibilities
besides making laws. These powers are called
nonlegislative powers.
PHOTO: CNN/AFP/Getty Images
While the House starts the
impeachment process, the actual trial
and determination of guilt take place
in the Senate.
▲
CRITICAL THINKING
Making Inferences After President Bill
Clinton was impeached and tried, he was
not removed from office. Based on that
context information, what do you think
acquitted means? LA.7.1.6.3
21st Century
SKILLS
Critical Thinking: Drawing
Inferences and Conclusions
Removing a federal official from
office is a joint effort of Congress.
Only the House can impeach, or
accuse, someone. But only the
Senate can conduct the trial.
Then, a two-thirds vote by the
Senate is needed to decide that
the official is guilty. Why do you
think the impeachment process
is used only rarely for top
officials? Why does the
Constitution involve both
houses? SS.7.C.1.7
Reading HELP DESK
Nonlegislative Powers
One nonlegislative power is the ability of Congress to suggest
amendments to the Constitution. Among the most important
nonlegislative powers of Congress, though, are those that allow
it to check the other branches of government. Some of these are
set forth in the Constitution. Others have developed over time.
The Senate has the power to approve or reject the president’s
nominees for various offices. The offices include Supreme Court
justices, federal judges, and ambassadors.
The Constitution also allows Congress to remove from office
any federal official involved in serious wrongdoing. This action
must follow a two-step process. The House has the power to
impeach, or accuse officials of misconduct in office. A majority
vote of the House is needed to impeach an official. The Senate then
holds a trial of the official. The Senate also acts as a jury to decide
the official’s guilt or innocence. A two-thirds vote in the Senate is
necessary to convict an official and remove him or her from office.
The House of Representatives has rarely used its right to
impeach. Most often, the power is used for federal judges.
Only two presidents have been impeached: Andrew Johnson in
1868 and Bill Clinton in 1998. Both presidents stood trial in the
Senate. In both cases, the Senate did not find them guilty. As a
result, they were not removed from office.
Limits on Congressional Powers
The Constitution explains not only what Congress may do
but also what it may not do. Some limits are imposed by the
Bill of Rights. The purpose of the Bill of Rights was to limit or
deny certain powers to the federal government. For example,
Congress may not pass laws that restrict freedom of speech or
freedom of religion.
nonlegislative power duty
Congress holds besides lawmaking
206 The Legislative Branch
impeach to accuse government
officials of misconduct in office
The Constitution places other limits on the powers of
Congress. Many of these limits are found in Article I, Section 9.
For instance, Congress may not favor one state over another, tax
interstate commerce, or tax exports.
The Framers wanted to be sure to prevent Congress from
abusing power. As a result, Section 9 also forbids Congress
from passing laws that would hurt the legal rights of individuals.
For example, Congress cannot block the writ of habeas corpus
(HAY•bee•uhs KAWR•puhs), except in times of rebellion
or invasion to protect public safety. This writ is a court order
that requires police to bring a prisoner to court to explain why
they are holding the person. In addition, Congress cannot pass
bills of attainder. These are laws that punish a person without
a trial. Congress is also prevented from passing ex post facto
laws. These are laws declaring that an act is a crime after the act
has been committed.
Other limits on the powers of Congress result from the
fact that the Constitution sets aside many powers for the
state governments. Those powers are denied to the federal
government. Congress cannot interfere with these powers, such
as the right to regulate public schools.
Further limits come from the powers that are given to
the other branches to check the powers of Congress. The
Supreme Court can declare laws passed by Congress to be
unconstitutional. The president can veto, or say no to, bills
passed by Congress. This prevents those bills from becoming
laws. In this case, Congress has its own check on the power of the
president. If both the Senate and the House of Representatives
can get a two-thirds vote, they can override the president’s veto.
PROGRESS CHECK
Considering Why do you think the Constitution forbids Congress from
passing ex post facto laws?
NGSSS covered in
“Other Powers and Limits”
SS.7.C.1.7 Describe how the Constitution
limits the powers of government through
separation of powers and checks and
balances.
SS.7.C.2.5 Distinguish how the Constitution
safeguards and limits individual rights.
SS.7.C.3.3 Illustrate the structure and
function (three branches of government
established in Articles I, II, and III with
corresponding powers) of government in
the United States as established in the
Constitution.
SS.7.C.3.8 Analyze the structure, functions,
and processes of the legislative, executive,
and judicial branches.
LA.7.1.6.3 The student will use context clues
to determine meanings of unfamiliar words.
writ of habeas corpus a court
order that requires police to bring a
prisoner to court to explain why they are
holding the person
bill of attainder a law that
punishes a person accused of a crime
without a trial or a fair hearing in court
ex post facto law a law that
allows a person to be punished for an
action that was not against the law when
it was committed
LESSON 2 REVIEW
Review Vocabulary
Answer the Guiding Questions
1. How is the elastic clause related to Congress’s
implied powers? LA.7.1.6.1
4. Specifying What are three examples of expressed
powers of Congress? SS.7.C.3.3
2. Why do you think that the House rarely impeaches a
top government official? SS.7.C.3.8
5. Describing What are two nonlegislative powers
given to Congress? SS.7.C.3.3
3. How does preventing Congress from passing a bill of
attainder help safeguard rights? SS.7.C.2.5
6. PERSUASIVE WRITING Should representatives
always vote as their constituents want, or according
to their own best judgment? Write a paragraph in
which you express and defend your position. SS.7.C.3.8
Lesson 2 207