Implied Powers Implied Powers powers that are not

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

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

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

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

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

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

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

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

Nonlegislative Powers of Congress

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

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.

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

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

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

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

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

Reasons • Treason • Bribery • High crimes and misdemeanors

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

• 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.

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

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