Powers that are specifically listed in the Constitution, primarily in Article I, Section 8. They are also called "expressed powers."
Name three of the most important enumerated powers of Congress.
The power to tax and spend (the "power of the purse"), regulate interstate and foreign commerce, declare war, and raise an army and navy.
What are "implied powers"?
Powers not explicitly stated in the Constitution but are considered necessary and proper to carry out the enumerated powers.
Which constitutional clause is the basis for Congress's implied powers?
The Necessary and Proper Clause (Article I, Section 8, Clause 18), also known as the "Elastic Clause."
Give an example of an implied power.
Creating a national bank to carry out the power to coin and borrow money, or establishing the Air Force under the power to raise armies.
What is the "Commerce Clause"?
A clause in Article I that gives Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes. It is the basis for much federal legislation.
What is the "power of the purse"?
Congress's exclusive constitutional power to control government spending. The executive branch cannot spend money without authorization from Congress through appropriations bills.
Who has the sole power to declare war?
Congress.
What is a key non-legislative power of Congress relating to the executive branch?
The power of oversight, which involves monitoring the executive branch to ensure laws are being enforced and implemented as intended. This is often done through committee hearings.
What power does Congress have regarding constitutional amendments?
Congress can propose amendments to the Constitution with a two-thirds vote in both houses.
Who has the power to create federal courts that are inferior to the Supreme Court?
Congress.
What is a bill of attainder, which Congress is forbidden from passing?
A legislative act that declares a person or group guilty of a crime and punishes them without a judicial trial.
What is an ex post facto law, which Congress is forbidden from passing?
A law that retroactively makes an action a crime, increases the punishment for a crime, or changes the rules of evidence to make conviction easier.
Can Congress suspend the writ of habeas corpus?
Only in cases of rebellion or invasion when public safety may require it. A writ of habeas corpus requires the government to justify a prisoner's detention to a court.
