Powers of Congress

1. Powers of Congress

2. Legislative Powers • Main power of Congress is to make laws • Congressional powers are calledexpressedpowers (clearly listed) in Article I Section 8 - 18 separate clauses that identify powers of Congress -- Clause 18states Congress has the power to do whatever is “necessary and proper” to carry out their powers (these are called implied powers) - Clause 18 is also called elastic clause • Implied powers are not stated in Constitution • Implied powers allow Congress to be flexible

3. Expressed Powers • Expressed powers can be divided into several categories: • Monetary Powers: deals how money should be spent. • Commerce Powers: regulation of trade and government services. • War Powers: provides protection to the United States. • Governing Powers: oversees states, territories, and government property. • Judicial Powers: assists conducting judicial functions of government.

4. Expressed Powers • Collect Taxes • Borrow Money • Regulate foreign commerce • Maintain armed forces • Declare War • Regulate immigration & naturalization

5. Special Powers of Congress • The Constitution reserves special powers (Non-Legislative)for each house of Congress; the Senate and the House of Representatives.

6. Non-Legislative Powers • Aside from creating laws, Congress also has duties • Check other branches (Executive & Judicial)  this is referred to as legislative oversight • Congress can impose amendments to Constitution • Senate  approve or reject President’s appointments • Senate  ratifies or rejects treaties • House  brings impeachment charges • Senate  act as jury in impeachment

7. Things Congress Can’t Do! • Cannot pass laws that restrict people’s freedom • Cannot favor one state over another • Cannot suspend writ of habeas corpus  court order explaining to prisoners why they are being held • Cannot pass bills of attainder  punishing a person without a trial • Cannot pass ex post facto laws  laws that make an act a crime after that act has been committed • Cannot interfere with powers that are reserved to states

8.  “They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.”The first sentence quoted above gives Representatives and Senators limited immunity from arrest forsome offenses while Congress is in session. It does not grant them immunity from indictment and subsequent prosecution, however.

9. Congressional Procedures • Policing its Members- Members of Congress are above the law and cannot be arrested. They cannot even be given a traffic ticket. But here are some ways to keep them in check. - except in cases of treason, felony, and breach of peace (Article I Section 6) • Censure- is a formal reprimand for bad behavior while in Congress. Usually for a less serious offense. This publicly exposes the problem and humiliates the member of Congress. • Expulsion- is the removal from office of a member of Congress. This is for a serious offense that will bring criminal charges. A 2/3 vote is needed to remove a member of Congress.

10. Floor Procedures- • Pigeon Hole- to set aside a bill without studying it. By doing this the bill will die in committee. • Filibuster- a tactic used by wasting time talking about anything until the bill’s sponsor withdraws the bill. • Cloture- a procedure to limit a filibuster. This limits each Senator to 1 hour of floor time. 3/5, or 60 votes are needed to enact cloture • - favor (“yea”) … against (“no”) • - Those that favor vote stand to be counted • - favor (“aye”) … against (“no”)