CivicsCongressD2.Civ.4.9-12

The Powers of Congress

Congress's enumerated powers include taxing, spending, borrowing, regulating commerce, coining money, declaring war and raising armies; each house has its own powers: the House starts revenue bills and impeaches, the Senate tries impeachments, confirms appointments and approves treaties.

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You have read the list in Article I, Section 8. Now sort Congress's powers by who uses them: Congress as a whole, or one house alone. Each house of the two chambers has jobs the other does not.

Congress as a whole (both houses)House onlySenate only
tax, spend and borrowstart revenue bills (the Origination Clause)confirm or reject appointments (advice and consent)
regulate interstate and foreign commerceimpeach (bring charges against) officialsapprove treaties, by two-thirds of senators present
coin money; naturalization; post offices; patentschoose the President if no one wins a majority of electoral votestry impeachments; conviction takes two-thirds
declare war; raise armies; maintain a navychoose the Vice President if no one wins a majority of electoral votes
create lower courts; propose amendments; make all necessary and proper laws
Which branch holds this power? (Then ask: which house?)

Why it works

Why split some powers between the houses? The framers matched each job to the body suited for it. Taxes start in the House, the chamber closest to the people, echoing "no taxation without representation." The Senate, smaller and with longer terms, was trusted with the long view: treaties, appointments and the judgment of impeachment trials, where Hamilton thought a calm, independent body was needed (Federalist No. 65). Accusing and judging were kept apart, like a grand jury and a trial court.

Key idea

Congress's enumerated powers include taxing, spending, borrowing, regulating commerce, coining money, declaring war and raising armies. The House starts revenue bills and impeaches; the Senate tries impeachments, confirms appointments and approves treaties.

Worked example: Which house?

The President nominates a new Secretary of State. Which house votes on the nomination, and how many votes are needed?
  1. Appointments are made "by and with the Advice and Consent of the Senate."
  2. Confirmation needs a simple majority of senators voting.

Answer: The Senate, by a simple majority.

Worked example: Accuse, then judge

A federal judge is accused of taking bribes. Describe the two steps to remove him.
  1. The House votes articles of impeachment, by a simple majority.
  2. The Senate holds a trial; conviction and removal need two-thirds of senators present.

Answer: House impeaches (majority); Senate convicts (two-thirds).

Common mistake

Mixing up the houses' special powers. The House impeaches (accuses); the Senate tries. The Senate, not the House, confirms appointments and approves treaties; the House, not the Senate, starts revenue bills. Check: "money starts in the House; people and treaties go to the Senate."

Practice

Pass with 3 right answers, the last 2 in a row. Each right answer earns 2 XP.

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Sources and further reading

@teddyrookbook GitHub