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Powers of Congress

Powers of Congress. Expressed/Enumerated Powers (in article 1 section 8) Necessary and Proper Clause- aka elastic clause; says Congress can make any law that is necessary and proper Oversight Powers: reviews and restricts the budget and operations of all government programs (follows the money)

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Powers of Congress

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  1. Powers of Congress • Expressed/Enumerated Powers (in article 1 section 8) • Necessary and Proper Clause- aka elastic clause; says Congress can make any law that is necessary and proper • Oversight Powers: reviews and restricts the budget and operations of all government programs (follows the money) • Investigation Powers: have hearings to investigate things related to laws they are considering and wrong doings by public officials

  2. Congressional Powers and Limits Divide your page into two columns- one larger than the other. Label the large column “powers of congress” and the small column “powers denied to congress”

  3. Congressional Powers review • Lay and collect taxes • Borrow money • Establish bankruptcy laws • Coin, print, regulate money • Punish counterfeiters • Regulate foreign & interstate commerce • Declare war • Raise and support army/navy

  4. Congressional powers review • Provide and call into service militia • Punish pirates and foreign criminals • Establish laws of naturalization • Establish post offices and roads • Grant copy rights and patents • Create lower federal courts • Govern DC • Provide for laws “necc. and proper” to carry out others

  5. Legislative powers • Laws for raising money must begin in the House: revenue bills, for taxes • Laws for spending money have developed in Congress over time: appropriations bills

  6. Non-legislative powers • The power to choose the President under unusual circumstances • If no candidate has a majority of electoral votes, house chooses • 20th amendment: “Lame-Duck” Amendment- succession of Pres. & VP before taking office • 25th: Defines rules for Presidential disability and order of succession

  7. Non-Legislative Powers • Impeachment: a formal accusation of misconduct in office • Step 1:The House has the power to accuse with majority vote • Step 2: The Senate conducts trial-requires a 2/3 vote to… • Remove any elected federal official

  8. Impeachment • The accusations have included Presidents… Andrew Johnson faced trial in 1868, and was acquitted by only one vote!!!

  9. Impeachment Richard Nixon would have surely been, but resigned. Bill Clinton had charges brought, but then dropped. Why? Didn’t get 2/3 majority: “treason, bribery, or other high crimes & misd.

  10. Non-Legislative Power • Amendment Power: • Share with state legislatures the power to propose • Two ways: • 1) 2/3 vote of both Houses • 2) convention called by legislators of 2/3 states (never)

  11. Powers Denied to Congress • May not suspend the writ of habeas corpus” • It is a court order to allow a person accused of a crime to go before a judge to determine if legally detained Lincoln suspended the writ of habeas corpus to confederate troops! Illegal, but preserved the Union.

  12. Powers Denied to Congress • May not pass bills of attainder • Laws that establish guilt and punish people w/o allowing a trial • May not pass ex post facto laws • After the fact laws- making a crime of something that was legal when act committed • Cannot tax exports • Cannot grant titles of nobility

  13. Perks of Being in Congress: -An annual salary of $158,000 for U.S. Senate & U.S. House of Representative, leaders: $198,600-Free life insurance and a generous retirement plan -Free office space in Washington and in the home district -A staff allowance of $752,400 for each House member and from $400,000 to 2.4 million depending on the population of his or her state and its distance from the Capitol for each senator. -An expense account for telephone, stationery, and other office costs -Thirty-two fully reimbursed round trips home a year -Travel allowance and free travel to foreign lands on Congressional inquires -Nearly unlimited franking privileges -Access to free Congressionally owned and operated video and film studios to record messages for constituents. -Discounts in Capitol Hill tax-free shops and restaurants -$10 haircuts at the Congressional barbershop -Free reserved parking at Washington National Airport -Use of the House gym or Senate baths for $100 a year -Free fresh cut flowers from the Botanical Gardens -Free assistance in the preparation of income taxes

  14. Wanted Poster Wanted Poster Your job is to create a wanted poster advertising the job of senator or representative for the state of Georgia. http://www.senate.gov/civics/constitution_item/constitution.htm#a1. Use this link to review the job requirements and specific information for the Congressional house that you choose. Remember that there are different requirements and job duties for the two houses. Your advertisement needs to be factually accurate. It should include: Who you are hiring? (Senator? Representative? Speaker? Majority Leader?) What are the job requirements? (What are the qualifications for the job? Age, etc.) A job Description (What does this person do? At least 5 things) The benefits of the job (What are some of the perks? Money? Other benefits?) How you get the job At least one picture color and neatness count!

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