Friday, September 13, 2013

Implied, Non-legislative, and Limits on Congressional Power


Implied Powers
Again, this is all about the necessary & proper clause (aka the elastic clause)
See chart on p.134 for examples


Non-legislative powers
These are the powers that Congress exercises that don't involve lawmaking (legislating)
- propose amendments to the Constitution
- conduct investigations (oversight)
- impeachment (House: impeach / Senate: trial)
- choose President if no victor in electoral college (House)
- choose Vice-President if no victor in electoral college (Senate)
- advice & consent (primarily Senate)


Limits on Congressional power
See Article I Section 9

additional checks that limit Congressional power
- judicial review
- Presidential veto
- limited enforcement of law by the executive