Congressional
Powers
Types of Powers
• Legislative or Non-Legislative
• Expressed or Implied
• Investigative
• Oversight
Constitutional
Powers
Founding Fathers
intended for Congress
to play the central role
in government.
Constitutional Powers
“ExprEssEd powErs”
(also callEd “EnumEratEd powErs”)
“ImplIEd powErs”
(from thE “nEcEssary and propEr
clausE”)
.
Constitutional Powers
Powers Denied to Congress
• Can’t violate Bill of
Rights
• Can’t suspend “writ
of habeas corpus”
• Can’t pass “bills of
attainder”
• Can’t pass ex post
facto laws
Legislative Powers # 1
Taxing and Spending Power
– Power to levy taxes
– Provide for general welfare of
nation
Remember:
All revenue bills must originate in
the House of Representatives
Appropriations Bills
• Proposed laws to authorize spending
money.
• These are spending request. Usually
done by the Executive Branch.
• Used this idea and the ability to have
taxing and spending authority to expand
there expressed powers.
Expanded Powers
• Congress authorizes money for state or
local governments.
– Follow federal regulations to gain grant.
• Levy taxes on goods considered
undesirable.
– Example: Tobacco
• Regulate the Economy
– Example: cutting individual income taxes,
increasing taxes, leaving taxpayers with
smaller paychecks.
Legislative Powers
#2
• Power to borrow money
• Power to coin money
• Power to regulate foreign
commerce
Legislative Powers #3
Power to regulate
interstate commerce
–
–
–
–
Banking
Air transportation
Water pollution
Civil Rights issues
Heart of Atlanta Motel v.
U.S.
– Minimum Wage issues
Legislative Powers #4
• Foreign Policy
Powers
• Create and maintain
military
• Approve treaties
• Declare war
Nations Growth
• Naturalization
– Process of immigration into the United States to
become citizens.
• Allows Congress too…
– Admit new states
– Pass laws to govern any territories
– Govern federal property
• Such as military bases or Government buildings
Copyright Power
• Power to grant copyrights and patents.
• Copyrights:
– Exclusive right to publish and sell a literary,
musical, or artistic work for a specified period
of time.
• Patents:
– Exclusive right of an inventor to manufacture,
use, and sell his/ her invention for a specific
period.
Congress Other Powers
• Establish Postal Service
– Mailing documents to citizens of the United
States and abroad.
• Establish Federal Courts
– Deals with the set up and process of federal
court use.
– Ex: Using mail for any illegal act is a federal
crime.
Non-Legislative Powers
• Power to choose the President
• Power to replace the President and VP
• Power of impeachment
• Power of confirmation
• Power of ratification
• Power to propose amendments to the
Constitution
Investigation Power
Standing and Select
Committees
Can investigate:
• Situations and events
• People
• Members of Congress
Oversight Power
• This is the authority to
continually review how
effectively the Executive Branch
is carrying out the laws passed
by Congress.
• Reality: Oversight is uneven
because politics are involved.
Oversight Power over
Executive
• Require Executive agencies to
submit reports to Congress on
their activities.
• Ask groups like GAO to study an
Executive agencies work.
• Ability to Coin Money and
Appropriate it.
• Legislative Veto.