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Understanding the Powers of Congress in the US Constitution

Explore the enumerated, implied, and concurrent powers of Congress, as well as non-legislative powers such as impeachment processes, investigations, and foreign relations in the US Constitution.

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Understanding the Powers of Congress in the US Constitution

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  1. The Powers of Congress

  2. Legislative Powers • Congress has threekinds of powers: • Enumerated/Delegated/Expressed • Implied • Concurrent

  3. “Enumerated/Delegated/Expressed” Powers • Enumerated powers are specifically given to Congress in the Constitution in Article I

  4. “Enumerated/Delegated/Expressed” Powers • Examples: • Raising and supporting an armyand a navy • Declaring war • Naturalizationlaws • Coining money • Regulating domesticand foreigntrade

  5. “Implied” Powers • Powers NOT specifically given to Congress in the U.S. Constitution • Congress assumes these powers through the Elastic Clause • Gives Congress the authority to make laws that are “necessary & proper”

  6. “Implied” Powers • Examples: • Implementing a draft • Spending money for socialprograms • Regulating immigration

  7. ConcurrentPowers • Given to both the federal and state governments • Examples: • Making laws • Collecting taxes

  8. Non-Legislative Powers • There are specific powers that Congress has that are not related to making laws

  9. Non-Legislative Powers • Presidential Appointments • Senate has the power to approveor rejectpresidential appointment • Appointment hearings are held where Senate questions appointees on maters related to the positionto which they have been appointed

  10. Non-Legislative Powers • Impeachment Process • Congress can removeany elected official in cases of wrong through the impeachment process • To impeach is to officially accusesomeone of misconduct

  11. Non-Legislative Powers • Impeachment Process • Once impeached by the House of Representatives, the Senatehears the case as the jury while the Chief Justice of the Supreme Court acts as the judge

  12. Non-Legislative Powers • Investigations • Both houses have a committee that can conduct investigationsinto serious issues • Examples: • Benghazi • IRS targeting issues • 9/11 attacks

  13. Non-Legislative Powers • Foreign Relations • Senatemust approve all treaties, or agreements with other countries, that are negotiated by the President

  14. Non-Legislative Power • Funding the Federal government • To fund the government Congress has the power to levy taxes • All tax bills start in the House of Representatives and must be approved by the Senate

  15. Limits to Congressional Power • Congress cannotsuspend the “writ of habeas corpus”(which takes away the right to hear the charges brought against you)

  16. Limits to Congressional Power • Congress cannotpass “ex post facto laws” (make an act a crime afterthe act has been committed)

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