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Legislative Powers of Congress

Legislative Powers of Congress. Money Powers : Collect taxes & provide defense; borrow money; coin, print, & regulate money Commerce Powers : regulate trade Military & Foreign Policy Powers : declare war; raise, support, & regulate the armed forces & militia. Implied Powers.

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Legislative Powers of Congress

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  1. Legislative Powers of Congress • Money Powers: Collect taxes & provide defense; borrow money; coin, print, & regulate money • Commerce Powers: regulate trade • Military & Foreign Policy Powers: declare war; raise, support, & regulate the armed forces & militia

  2. Implied Powers • Necessary & Proper clause (i.e. the elastic clause): provide for all laws that might be necessary to carry out their expressed powers (all of the previous powers) • Ex: establishing a bank was necessary to carry out Congress’s money powers (McCulloch v. Maryland)

  3. Checks on other Branches • SENATE: confirms appointmentsmade by the President (checks the executive branch and the judicial branch) • HOUSE: can bring impeachment charges on the President (checks the executive branch) and court justices (checks the judicial branch) (the SENATE can try the impeachment case) • Both houses provide oversight (supervision) to find out how the executive branch is enforcing laws

  4. Checks on Congress’s Power • President must sign bills into law after they are passed by both houses (can veto legislation) • Supreme Court determines whether congressional laws are constitutional & generally interprets & applies congressional laws

  5. Constitutional Limits on Congress’s Power • Writ of habeas corpus: orders an accused person be brought before a judge and told why they are being held • Bill of attainder: Congress cannot pass a law that convicts a person of a crime without a trial • Ex post facto: means “after the fact”; Congress cannot punish someone for a past action by creating a new law against that action

  6. Basics of Congress Senate House of Reps Each state has 2 Senators; 100 total 6 year terms Rotating elections (33 senators elected every 2 years) at least 30 yrs old and a citizen for 9 yrs • Representation is basedon population (NC has 13 representatives); 435 total • 2 year terms; re-elected every 2 years • at least 25 yrs old and a citizen for 7 yrs

  7. Basics of Congress The Senate was formed with 6 year terms and rotating elections to create some stability in Congress The House of Representatives was formed with 2 year terms and reelection every 2 years so that they would constantly be responsible to the people (the people can decide not to re-elect them if they don’t like them or their policies)

  8. Speaker of the House Leader of the House of Representatives Chosen by members of the majority party & approved by the entire House Leads debates & persuades members of Congress to support various issues Will become President if something happens to the President and Vice President

  9. Other Congressional Leaders Vice President: Presides over the Senate, but only votes if there is a tie President Pro Tempore: president of the Senate when the VP isn’t there Floor leaders: speak for their party on issues, push bills along, & try to sway votes Majority Whip & Minority Whip: help floor leaders by making sure representatives are present for key votes

  10. Committees • Congress developed committees to deal with the enormous numbers of bills (potential laws) they must consider • Standing committees: permanent committees; Ex: commerce • Joint committees: committees that include members of both houses & deal with a specific issue; Ex: taxation • Select/special committees: temporary committees that meet for a limited time; Ex: global warming • Congresspersons try to get appointed to committees that are important to their constituents or others that may provide them experience to get re-elected

  11. Vocabulary Constituents: the people who are represented by members of Congress (ex: we are Kay Hagan’s constituents) Gerrymandering: drawing an oddly shaped district to increase the voting strength of a particular group (i.e. a political party) Seniority: years of service; the congresspersons who have been in office the longest get the best committee assignments & have more influence

  12. Bill of Rights Poster Choose an Amendment (1-10) & create a poster. Write the Amendment as it is written in the Constitution. Describe the Amendment in your own words (use your Constitution notes). Explain why the Amendment is important. Illustrate the Amendment.

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