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POWERS OF CONGRESS
Unit Three: The Congressional Branch
United States Government and Politics
Spring 2015
Article I, Section 8, Clauses 1-18 of the United States Constitution
ENUMERATED POWERS
ENUMERATED POWERS
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Clause One: Lay and collect taxes (for defense and general welfare)
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Clause Two: Borrow money
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Clause Three: Regulate foreign and interstate commerce
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Clause Four: Establish bankruptcy laws
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Clause Five: Coin, print, and regulate money
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Clause Six: Punish people who produce counterfeit American currency
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Clause Seven: Establish a post office and post roads
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Clause Eight: Grant copyright and patents
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Clause Nine: Create lower federal courts
ENUMERATED POWERS
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Clause Ten: Punish acts committed on international waters and against the laws of
nations
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Clause Eleven: Declare War
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Clauses Twelve, Thirteen, and Fourteen: Raise, support, and regulate an army and navy
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Clauses Fifteen and Sixteen: Provide, regulate, and call into service a militia (known as
the National Guard)
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Clause Seventeen: Govern Washington D.C.
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Clause Eighteen: “Necessary and Proper Clause” – “The Elastic Clause”
• Provide for laws necessary and proper for carrying out all listed powers
ENUMERATED POWERS (NOT CLAUSE-SPECIFIC)
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Foreign Policy Powers
• Power to approve treaties, declare war, make rules governing land and naval forces,
create and maintain an army and navy, and regulate foreign commerce
• Congress shares foreign policy and national defense policy powers with the
president and usually allows the president to take leadership in this area
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Provide for Nation’s Growth
• Power to govern naturalization process, admit new states, and pass laws needed to
govern territories
• Power to govern federal property (military bases, government buildings, national
parks, historic sites, and public lands)
ENUMERATED POWER (NON-LEGISLATIVE)
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Power to choose a president
• Joint Session of Congress meets to count Electoral College votes
• If no candidate wins a majority of the votes…
• House chooses president from three candidates with the most votes; each state
gets one vote
• Senate chooses vice president from two candidates by majority vote
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Removal power
• Impeachment of any federal official from office
• Exclusive power given to House – majority vote
• Senators conduct the trial – 2/3 vote required to convict and remove an official
• If the president is on trial the Chief Justice of the Supreme Court oversees the case
ENUMERATED POWERS (NON-LEGISLATIVE)
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Confirmation Power
• Senate must approve presidential appointments
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Ratification Power
• Senate approves treaties between the United States and other nations by 2/3 vote
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Amendment Power
• Shared with state legislatures
Necessary and Proper Clause
IMPLIED POWERS
IMPLIED POWERS
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Power to lay and collect taxes
• Power to support public schools, welfare programs, public housing, et cetera
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Power to borrow money
• Power to maintain the Federal Reserve Board
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Power to regulate commerce
• Power to prohibit discrimination in restaurants, hotels, and other public
accommodations
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Power to raise and support an army
• Power to draft people into the armed services
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Power to establish laws of naturalization
• Power to limit the number of immigrants to the United States