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Implied Powers

Implied Powers. Implied Powers – powers that are not directly stated in The Constitution “Necessary and Proper Clause” - Gives Congress implied powers aka Elastic Clause Gives Congress the power to make all “necessary and proper” laws for executing its powers.

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Implied Powers

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  1. Implied Powers

  2. Implied Powers – powers that are not directly stated in The Constitution • “Necessary and Proper Clause”- • Gives Congress implied powers • aka Elastic Clause • Gives Congress the power to make all “necessary and proper” laws for executing its powers

  3. Expressed Power: Collect Taxes • Implied Powers: • Punish tax evaders • Regulate the sale of certain items (alcohol) and outlaw the use of others (narcotics)

  4. Expressed Power: Establish Naturalization Law • Implied Power • Regulate and limit immigration

  5. Expressed Power: Raise Armies and Navies • Implied Power: • Draft Americans into the military

  6. Expressed Power: Regulate Commerce • Implied Power • Establish minimum wage • Ban discrimination in the workplace • Pass laws protecting disabled • Regulate monopolies • Interstate highways

  7. Expressed Power: Establish Post Offices • Implied: • Prohibit mail fraud • Ban shipping of certain items

  8. Expressed Power: The War Powers • Implied Powers • Establish the U.S. Air Force

  9. Expressed Power: Spend money for the general welfare • Implied • Cut federal highway funding to states that set the minimum drinking age below 21

  10. Nonlegislative Powers of Congress

  11. Constitutional Amendments • Congress may propose Amendments by a 2/3 vote in each house • Congress may call a national convention of delegates from each state to propose an amendment

  12. Electoral Duties • House of Representatives elects the President if no candidate receives a majority of the electoral votes. • The Senate chooses the Vice President if this happens. • Both houses of Congress must approve a replacement VP if a vacancy occurs.

  13. Appointments • All major presidential appointments must be confirmed by the Senate (Cabinet positions, Supreme Court Justice)

  14. Treaties • The President makes treaties “by and with the Advice and Consent of the Senate” • Usually consults members of the Senate Foreign Relations Committee when negotiating a treaty

  15. Investigatory Power • Congress can investigate any matter that falls within the scope of its legislative powers

  16. Impeachment • Impeachment: a charge brought against someone who holds a government office that has committed wrongdoings • DOES NOT MEAN REMOVAL FROM OFFICE!!!

  17. Only 2 Presidents have ever been impeached: Andrew Johnson Bill Clinton Nixon was not impeached!!!

  18. Reasons • Treason • Bribery • High crimes and misdemeanors

  19. Impeachment Process • The House of Representatives Judiciary Committee makes sure there is enough proof to have a hearing and present their findings to the House • The House then holds hearings and listens to testimonies from witnesses. • If most of the members vote for impeachment it moves to the Senate

  20. The Senate has the sole power to try all impeachments. • When the President is on trial, the Chief Justice presides • Senate votes; 2/3 votes (67) required in order to remove President from office.

  21. Zero presidents have been removed from office following impeachment. • Several federal judges have been.

  22. Images courtesy of Google Images.

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