4/2 WednesdayTOTD: Do you think the 535 members of Congress can truly represent the over 317 million people in the US? Explain. Agenda: TOTDTurn in hmwPgs 22-23 NotesFocus on Powers SheetStudy Guide (begin this today)
The Powers of Congress
Limited Government
-Article One
-Congress is given certain powers
-defined in Article 1 of the Constitution
-Congress is denied certain powers
-defined in Article 1
• What Congress can’t do:
•Can’t favor one state over another
•Can’t tax interstate trade
•Can’t tax exports
•Can’t suspend the:
•Writ of Habeas Corpus-
•Court order that requires police to bring a prisoner to court to explain why they are holding the person
•Can’t pass any:
•Bills of Attainder
•Laws that punish a person w/o access to a jury trial
•Ex post facto laws
•Laws that make an act a crime after the act has been committed
Expressed Powers
-Expressed (written in constitution), Delegated, Enumerated, Exclusive are all the same
-Powers given to Congress in Article One
-Examples:
Money:
• Can collect taxes
• Borrow $
• Coin $
Military:
• Can declare war
• Can raise an army
Implied Powers
-Powers given to Congress by the Necessary and Proper Clause
•NOT written in Const!
•Aka the ELASTIC CLAUSE
-Interpretation of the Constitution
Examples:
(expressed) Power to tax and collect taxes implies:
(implied)the power to support school
(implied)Power to draft
Additional Powers
-Power to Investigate
• This is an example of checks and balances
-Power to Propose Amendments
-Power to Impeach:
• Impeach- formally accuse officials of misconduct
Powers of the House
-Must start all Appropriation Bills
-”power of the purse”-- Power of the House whereby all revenue producing bills must be introduced in the House of Representatives
**authorization bills- allow beginning of projects and AUTHORIZE how much $ can be spent
** appropriation bills- provide $ for each program/decide how much will be appropriate to spend
-Picks President if no winner (tie) in Electoral College
-Begins the Impeachment Process
•No gov’t agency can spend $ w/o approval from Congress
Powers of the Senate
-Approves Presidential Appointments
• “Pres appoints, Senate approves”
-Approves all Treaties
“Pres appoints, Senate approves”
-Acts as jury in Impeachment cases
Other Limits
-10th Amendment
• Remember: any powers denied to national gov’t (congress) and given to STATES
-Checks and Balances System
• Each branch of gov’t exercises some control over the others!
• Examples of checks and balances:
•Supreme Ct can declare laws established by Congress unconstitutional
•President can veto bills passed by congress before they become laws
-Two Party System
•If both houses of Congress can get 2/3 vote they can override a Presidential veto!