Powers of the Legislative Branch

Powers of Congress

Find your US Constitution

Silently read Article 1

Raise your hand when you believe you have

found the section listing the powers given to

the Legislative Branch.

Multiple Choice

Which of these is not a power listed in Section 8 of Article 1?

• To law and collect taxes

• To declare laws unconstitutional

• To coin money

• To declare war

Congress as defined in the Constitution has the power to:

1.

Lay and collect taxes

2.

Borrow money on the credit of the United States

3.

Regulate commerce

4.

Coin money

5.

Declare war

6.

Raise and support armies

7.

Make all laws necessary for the execution of its powers.

Powers Denied to Congress

●Congress has limited power just as all of the federal government.

●The Bill of Rights is a limit on congressional power.

●Article I, Section 9

○Congress cannot suspend the Writ of Habeas corpus.

○Congress cannot pass bills of attainder.

○Congress cannot prohibited from passing ex post facto laws.

Multiple Choice

The Bill of Rights limits the Legislative Branch by prohibiting laws that break our rights such as freedom of religion.

• True

• False

Non-Legislative Powers

The Power to Choose a President

●The Constitution requires Congress to count the Electoral College votes.

○If no candidate receives the required 270 electoral votes.

○The House of Representatives chooses the President from the three
candidates with the most votes.

○The Senate chooses the Vice President from the two candidates with the
most electoral votes.

○This has happened Twice: 1800 where the House elected Thomas
Jefferson and 1824 when the House elected John Quincy Adams.

Multiple Choice

How many electoral votes are required to be elected President?

• 230

• 270

• 350

• 435

The Power to Choose a President Continued

●The 20th and 25th Amendment

○20th: This gives Congress the power to settle problems with succession
when there is an incapacitated elected official like the president, or their is a resignation.

○25th: When the office of Vice President becomes vacant, both Houses of
Congress must vote to confirm the nominee appointed by the President.

The Removal Power

● The Constitution grants Congress the power to remove any federal official from
office, called Impeachment.

○ Only the House of Representatives can initiate an impeachment. If the
majority of the House voted to impeach a public official, the Senate
conducts the trial.

○ A two/thirds vote is required for conviction and removal.

■ When it is the President being impeached the Chief Justice of the
United States presides.

Multiple Choice

Which house of Congress has the power to begin the impeachment process?

• The House of Representatives

• The Senate

Presidents that were

Impeached

1.Andrew Johnson (1868)- Impeached but not

convicted.

2.Richard Nixon (1974)- Resigned from office before

being Impeached.

3.Bill Clinton (1998)- Impeached but not Convicted.

4.Donald Trump (2019 and 2021)- Impeached but

not convicted for both.

The Conirmation Power

●The Senate has the power to approve Presidential appointments of Federal
Officials.

○Judges, the President’s Cabinet, and more.

●The Senate has rejected about 20 percent of Court nominations.

Ratification Power

●Article II, Section 2 of the Constitution gives the Senate the power to ratify
treaties between the United States and other nations.

○A ⅔ majority vote is required to ratify a treaty.

●This is how Congress shapes Foreign Policy even though its a power of the
Executive Branch.

The Amendment Power

●Along with the State Governments, Congress has the power to propose
amendments to the Constitution.

●A ⅔ majority vote is required in both Houses of Congress to propose an
amendment.

○Or by convention called by ⅔ of the states. This has not happened yet.

●Today there are 27 constitutional amendments.

Special Powers of the House of Representatives

The House of Representatives has the exclusive powers to:

1.

Initiate a Revenue bill- any bill that changes the amount of money the

federal government has or is spending.

2.

Impeach federal officials- talked about this a couple of slides ago.

3.

Elected the President in case of a tie- Already talked about this also.

Special Powers of the Senate

The Senate has the exclusive powers to:

1.

Confirm the President’s appointments to federal positions.

2.

Advise and consent to ratify treaties if it has to do with foreign trade.

3.

The Senate tries impeachment cases for federal officials.