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The Framers gave Congress many powers and also placed some limits on those powers.
Legislative Powers
SS.7.C.3.3, SS.7.C.3.8, LA.7.1.6.1
What kinds of lawmaking powers were given to Congress by the Constitution?
Have you noticed the rating given to a video game? That rating is required by law. You can thank Congress for that law.
Congress has enormous influence over life in the United States. Its decisions affect our nation’s society and economy. Its actions also affect your family and your life. In fact, the
actions taken by Congress even affect many people living in other nations. Understanding what powers Congress has—and how those powers are limited—is vital knowledge for
every American citizen.
Expressed Powers
Most of the powers that the Constitution gives to Congress are listed in Article I, Section 8. These powers that are clearly stated in that document are called the expressed
powers or the enumerated powers of Congress. There are 18 clauses listing powers specifically given to Congress. Clause 5, for example, says, “The Congress shall have the
Power . . . To coin Money.”
Implied Powers
Certain powers are given to Congress even though they are not specifically stated in the Constitution. The source of these powers is Article I, Section 8, Clause 18. This clause
says that Congress has the power to do whatever is “necessary and proper” to carry out its expressed powers. The powers that Congress has because of Clause 18 are called
implied powers. This means they are not stated directly in the Constitution but can be understood to be granted.
Clause 18 is often called the elastic clause because it has allowed Congress to stretch its powers to meet new needs. For instance, the Constitution does not state that Congress
has the power to hire millions of people to work in the Defense Department. Under the elastic clause, though, Congress has done just that. It did so as part of its expressed power
to support the armed forces.
Lawmaking Powers
Most of Congress’s powers relate to making laws. As the chart on the powers of Congress shows, many lawmaking powers fall into one of three major categories—money,
commerce, and military and foreign policy.
Congress has the power to raise and spend money. That includes the power to require people to pay taxes and the power to print money. Congress can also regulate, or
manage, commerce that takes place across state lines. Commerce is the business of buying and selling goods and services. Finally, Congress makes laws about defense
matters, war, and foreign policy issues. Congress has the power to create and maintain armed forces. Congress alone has the power to declare war.
Other lawmaking powers do not fit into these categories.The Constitution also gives Congress the power to create a postal service and a federal court system. In addition,
Congress has the power to set up the government of Washington, D.C.
Expressing Why is the "necessary and proper" clause also called the elastic clause?
Other Powers and Limits
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SS.7.C.1.7, SS.7.C.2.5, SS.7.C.3.3, SS.7.C.3.8, LA.7.1.6.3
What powers does Congress have to check the powers of the other branches of government?
The most important duty of Congress is to legislate, or make laws. Congress also has a number of duties and responsibilities besides making laws. These powers are called
nonlegislative powers.
Nonlegislative Powers
One nonlegislative power is the ability of Congress to suggest amendments to the Constitution. Among the most important nonlegislative powers of Congress, though, are those
that allow it to check the other branches of government. Some of these are set forth in the Constitution. Others have developed over time.
The Senate has the power to approve or reject the president’s nominees for various offices. The offices include Supreme Court justices, federal judges, and ambassadors.
The Constitution also allows Congress to remove from office any federal official involved in serious wrongdoing. This action must follow a two­step process. The House has the
power to impeach, or accuse officials of misconduct in office. A majority vote of the House is needed to impeach an official. The Senate then holds a trial of the official. The
Senate also acts as a jury to decide the official’s guilt or innocence. A two­thirds vote in the Senate is necessary to convict an official and remove him or her from office.
The House of Representatives has rarely used its right to impeach. Most often, the power is used for federal judges. Only two presidents have been impeached: Andrew Johnson
in 1868 and Bill Clinton in 1998. Both presidents stood trial in the Senate. In both cases, the Senate did not find them guilty. As a result, they were not removed from office.
Limits on Congressional Powers
The Constitution explains not only what Congress may do but also what it may not do. Some limits are imposed by the Bill of Rights. The purpose of the Bill of Rights was to limit
or deny certain powers to the federal government. For example, Congress may not pass laws that restrict freedom of speech or freedom of religion.
The Constitution places other limits on the powers of Congress. Many of these limits are found in Article I, Section 9. For instance, Congress may not favor one state over another,
tax interstate commerce, or tax exports.
The Framers wanted to be sure to prevent Congress from abusing power. As a result, Section 9 also forbids Congress from passing laws that would hurt the legal rights of
individuals. For example, Congress cannot block the writ of habeas corpus (HAY•bee•uhs KAWR•puhs), except in times of rebellion or invasion to protect public safety. This writ
is a court order that requires police to bring a prisoner to court to explain why they are holding the person. In addition, Congress cannot pass bills of attainder. These are laws
that punish a person without a trial. Congress is also prevented from passing ex post facto laws. These are laws declaring that an act is a crime after the act has been committed.
Other limits on the powers of Congress result from the fact that the Constitution sets aside many powers for the state governments. Those powers are denied to the federal
government. Congress cannot interfere with these powers, such as the right to regulate public schools.
Further limits come from the powers that are given to the other branches to check the powers of Congress. The Supreme Court can declare laws passed by Congress to be
unconstitutional. The president can veto, or say no to, bills passed by Congress. This prevents those bills from becoming laws. In this case, Congress has its own check on the
power of the president. If both the Senate and the House of Representatives can get a two­thirds vote, they can override the president’s veto.
Considering Why do you think the Constitution forbids Congress from passing ex post facto laws?
21st Century SKILLS
Critical Thinking: Drawing Inferences and Conclusions
Removing a federal official from office is a joint effort of Congress. Only the House can impeach, or accuse, someone. But only the Senate can conduct the trial.Then, a two­thirds vote by the
Senate is needed to decide that the official is guilty. Why do you think the impeachment process is used only rarely for top officials?
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Why does the Constitution involve both houses?
SS.7.C.1.7
LESSON 2 REVIEW
Review Vocabulary
1. How is the elastic clause related to Congress's implied powers?
LA.7.1.6.1
2. Why do you think that the House rarely impeaches a top government official?
SS.7.C.3.8
3. How does preventing Congress from passing a bill of attainder help safeguard rights?
SS.7.C.2.5
Answer the Guiding Questions
4. Specifying What are three examples of expressed powers of Congress?
SS.7.C.3.3
5. Describing What are two nonlegislative powers given to Congress?
SS.7.C.3.3
6. PERSUASIVE WRITING Should representatives always vote as their constituents want, or according to their own best judgment? Write a paragraph in which you express and defend your
position.
SS.7.C.3.8
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