Powers of Congress. LEGISLATIVE POWERS Commerce Powers Article I Sec 8 Clause 3 – Commerce clause...
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Transcript of Powers of Congress. LEGISLATIVE POWERS Commerce Powers Article I Sec 8 Clause 3 – Commerce clause...
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