Powers of Congress Explicit and Implicit

Powers of Congress

By Peggy Rinkenberger

Legislative Powers

Expressed Powers

These powers are "clearly listed" or "enumerated" in the Constitution under Article I, Section 8.

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There are 18 separate clauses listed.​

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Legislative Powers

​Implied Powers or the Elastic Clause

Article I, Section 8, Clause 18 states that "Congress shall have the power to do whatever is 'necessary and proper' to carry out the expressed powers.

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REMEMBER, THESE ARE NOT LISTED "EXPLICITLY". This is referred to as the "elastic clause" because it has allowed Congress to stretch its powers to meet new needs.​

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Legislative Powers

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Most powers that Congress has are related to making laws. The most important powers typically deal with:

*raising or spending funds

*regulating commerce

*dealing with foreign countries​

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Multiple Choice

Expressed powers are also called

• Ex Post Powers

• Enumerated Powers

• Elastic Powers

• Implied Powers

Multiple Choice

In which article of the Constitution are the congressional or legislative powers listed?

• Article I

• Article II

• Article III

• Article IV

Multiple Choice

In which section of Article I are the congressional powers listed?

• Section 2

• Section 4

• Section 6

• Section 8

Multiple Choice

How many specific clauses are listed within Article I, Section 8 of the Constitution?

• 10

• 13

• 15

• 18

Multiple Choice

Another name for the "necessary and proper" clause within the Constitution is ______________________

• Attainder Clause

• Enumerated Clause

• Elastic Clause

• Article I Clause

Multiple Choice

The "Elastic Clause" is an

• Expressed Power

• Implied Power

• Enumerated Power

• Habeas Power

Multiple Choice

The most important job of Congress is

• interpreting laws

• enforcing laws

• administering laws

• making laws

Multiple Choice

Establishing the post office is an

• Enumerated Power

• Implied Power

Nonlegislative Powers

Propose Constitutional Amendments

The Constitution of the United States has been amended 27 times. There are two ways that it can be amended. One of those ways is through Congress. Most of the amendments have been amended in that manner.

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Nonlegislative Powers

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*Ambassadors

*Heads of Executive Departments

*Supreme Court Justices

*Federal judges​

President Nominates:

The president has the power to nominate individuals to serve in the administration and the federal courts. Congress can approve or reject those nominations.

Approve Nominations

Nonlegislative Powers

Impeach

The House of Representatives has the sole power to impeach. This means that it has the votes (only a majority is needed) to put the official on trial in the Senate. The Senate holds the "trial". In order to remove the official from office, there must be a 2/3 vote in the Senate.

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*Andrew Johnson

*Bill Clinton

*Donald Trump (twice impeached)​

Presidents Impeached:

Nonlegislative Powers

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Multiple Choice

Requirements of Congress that do not deal with making laws are called ___________________

• Legislative Powers

• Nonlegislative Powers

Multiple Choice

Amending the Constitution is a ______________________

• Legislative Power

• Nonlegislative Power

Multiple Choice

In order to officially propose an amendment to the Constitution, ____ of both houses of congress must support it.

• 1/2

• 2/3

• 3/4

• 3/5

Multiple Choice

Who must approve the amendment before it goes into effect?

• states

• U.S. popular vote

• president

• congress

Multiple Choice

Which of the following does not need approval by the U.S. Senate?

• Supreme Court Justices

• Department Heads

• Vice President

• Ambassadors

Multiple Choice

Impeachment is most like which of the following judicial terms?

• indictment

• guilty

• verdict

• attainder

Multiple Choice

Which of the following past Presidents of the United States was NOT impeached?

• Andrew Johnson

• Lyndon Johnson

• Bill Clinton

• Donald Trump

Power Limitations

Bill of Rights

After the Constitution was ratified, the Bill of Rights was added to it. The Bill of Rights is made up of the first twenty-seven amendments. The purpose of these amendments was to limit or deny certain powers to the federal government.

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Multiple Choice

How many amendments have been added to the Constitution of the United States?

• 15

• 20

• 23

• 27

Multiple Choice

The Bill of Rights is made up of the

• last three amendments

• middle five amendments

• first ten amendments

Multiple Choice

The purpose of the Bill of Rights was to

• Limit the power of the President

• Limit the power of the people

• Establish the power of the courts

• Protect the power of the people

Power Limitations

Article I

*Congress may not favor one state over another, tax interstate commerce,

or tax exports.

*Congress is forbidden from enacting laws that would interfere with the

legal rights of individuals.​

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Power Limitations

Writ of Habeas Corpus

Congress does NOT have the right to suspend the writ of habeas corpus. This is a court order that requires police to bring prisoner to court to explain why they are holding the person.

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Multiple Choice

What does a writ of habeas corpus do?

• Give a person the right to a lawyer.

• Tell a person why they are being held in jail.

• Protect a person's right to vote.

Power Limitations

Bill of Attainder

Congress cannot pass bills of attainder. These are laws that punish person without a jury trial.

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Multiple Choice

What does a bill of attainder do?

• laws that forbid a person from obtaining a lawyer.

• laws that punish people without a trial

• laws that allow a person to remain silent

Power Limitations

​Ex Post Facto Laws

Congress cannot pass ex post facto laws. These are laws that make an act a crime after the act has been committed.

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Power Limitations

​Congress Cannot Interfere with State Powers

The 10th Amendment says that powers not specifically given to the federal government by the Constitution are reserved for the states. Congress cannot interfere with these state powers.

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Power Limitations

Checks and Balances

*If the president does not approve of a bill that is passed by Congress, he

can veto it. The president's veto can be overridden with a 2/3

congressional vote in both houses.

*If the law that is passed by Congress is challenged in the courts and the

Supreme Court declares it unconstitutional, the law does not stand.​

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Multiple Choice

How can the president check the power of congress?

• impeach members of the senate

• Veto

• declare a law unconstitutional