Powers of Congress

LEGISLATIVEPOWERS

Commerce Powers

• Article I Sec 8 Clause 3 – Commerce clause

• Allows Congress to regulate foreign and interstate commerce.

• Supreme Court has ruled the meaning of commerce far exceeds the mere buying and selling of goods

• Gibbons v Ogden in 1824 set the precedent that gave Congress the right to control interstate commerce

Taxing and Spending Power

• One of the most important power to control funding – “called the power of the purse”

• All revenue bill begin in the House of Representatives

• Article I Sec 9 – No Money shall be drawn from the Treasury …made by law.”

• Two step process by Congress – First an Authorization bill (establishes what can be spent) then Appropriation bill

• Most requests come from the Executive Branch

• Congress uses this power to regulate the economy

Other Money Powers

• Selling Bonds (or notes) - it lends the government money

• Constitution gives the legislative branch the power to coin money and regulate its value

• Constitution does not restrict borrowing of but Congress tries to set a limit

• When the limit is reached, they must vote to raise the debt ceiling

Current debit of the United States

$18,152,809,942,589

As of October 28, 2015

Foreign Policy Power

• Shared with the President

• Senate approves treaties

• Congress Declares War

• Congress can create and maintain an army and navy

• Regulate foreign commerce

• Make rules governing land and naval forces

Providing for National Growth

• Congress has the power over Naturalization

• Article IV Section 3 – Congress has power to admit new states and govern territories

• Puerto Rico, Guam, US Virgin Islands, Northern Mariana Islands, American Samoa and other islands like Wake Island

• Article I and IV give Congress the right to pass laws as to govern federal property

• National parks, army bases, public lands, Government building

Other Legislative Powers

• Copyright is the exclusive right to publish and sell a literacy, musical or artistic work for a specified period of time ( lifetime plus 70 years)

• Patent is the exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period ( most cases 20 years)

Non –Legislative Powers of Congress

Electoral College

• If no one candidate receives a majority (270) in the electoral college (the electoral college fails)

•House –picks the President

•Senate – picks the Vice President

Removal PowerIMPEACHMENT

•House brings charges – like a grand jury

•Senate acts as a court – convict and remove

Amendment Power

•CONGRESS can propose an amendment to the constitution

Ratification Power

• Senate must ratify a treaty by a 2/3 vote

• Presidents can bypass this action by agreeing to an executive agreement that does not need the Senate approval

Confirmation Power

• Senate has the right to ratify all appointments

• Nominations for federal judges get the most scrutiny

• Ratify judges, cabinet members, ambassadors

IF a vacancy in the VICE

PRESIDENT occurs

Congress must approve of the nomination

Giving Advise and Consent

•Congress has the power to give advice and consent