Powers of Congress LEGISLATIVE POWERS Commerce Powers Article

Powers of Congress

LEGISLATIVE POWERS

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 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 Power IMPEACHMENT • 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