CONGRESSSIONAL POWERS Chapter 6

Constitutional provisions The Founders created a strong executive to carry out the legislation of Congress. Expressed powers – powers directly stated in the Constitution Necessary and Proper Clause – Article I Section 8 of the Constitution which gives Congress the power to make all laws that are necessary and proper for carrying out its duties. The Founders created a strong executive to hold the legislature in check. Implied powers – powers the government requires to carry out its expressed constitutional powers The Constitution also identifies key presidential powers.

Legislative powers Key powers of Congress include taxing, spending, and regulating interstate commerce. Appropriation bill – a proposed law to authorize spending money Foreign policy powers of Congress include the power to approve treaties, declare war, and regulate foreign commerce. Congress has power over naturalization, admittance of new states, and governance of federal property. Congress also has the power to grant copyrights and patents, and to establish a post office and federal courts. Copyright – the exclusive right to publish and sell a literary, musical, or artistic work for a specified period of time. Patent – the exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period

Non legislative powers Congress has the power to remove any federal official from office. Impeachment – the formal accusation of misconduct in office The Senate must approve presidential appointments to office. The Senate must ratify formal treaties with other nations. Congress and state legislatures share the power to propose Constitutional amendments.

The power to investigate Investigations may be conducted by a standing committee or a select committee. Investigations occur for a number of reasons, and can lead to legislation and reforms. Congressional committees have the power to subpoena witnesses, punish perjury and contempt, and grant immunity. Subpoena – a legal order that a person appear or produce requested documents Perjury – lying under oath Contempt – willful obstruction of justice Congress must respect witnesses’ constitutional rights just as a court does. Immunity – freedom from prosecution for witnesses whose testimony ties them to illegal acts

The power of oversight Legislative oversight is part of the system of checks and balances. Power of the legislative branch to review the policies, programs, and activities of the executive branch on an ongoing basis Congress may require reports from an executive agency or have its work studied by a congressional support agency. The legislative veto and independent counsel are no longer available to Congress. Provision that Congress wrote into some laws that allowed it to review and cancel actions of executive agencies

Sources of tension The system of checks and balances creates tension between the three branches. The president represents a broader constituency than members of Congress. Partisan politics, particularly in the event of a divided government, cause tension. When one party controls the White House and the other controls the House and Senate The organization of Congress provides tools for members to resist presidential proposals. Differing political timetables cause conflict between the president and Congress (different election cycles for House, Senate, and Presidency).

The balance of power The balance of power between the executive and legislative branches has varied over the years. In times of crisis, Congress has given extra powers to the president. The power to budget and tax is an area of struggle between Congress and the president. National Budget – yearly financial plan for the federal government Impoundment – President’s refusal to spend money Congress has voted to fund a program The Supreme Court has struck down both the legislative veto and the line-item veto. Line item veto – the power of an executive to reject 1 or more items in a bill without vetoing the entire bill

Types of bills and resolutions The two types of bills introduced in Congress are private bills and public bills. Congress can also pass resolutions to make policy on unusual or temporary matters. Riders are often attached to bills that are likely to pass. Citizens can track bills and resolutions through public and private Internet sites.

Introducing a bill A bill may come from many sources, but it must be introduced by a member of Congress. After introduction, a bill is assigned to a committee for action. The committee holds hearings to act on the bill. Following a markup session, the committee votes whether to report or kill the bill

Floor action Amendments can be added to most bills during floor debate. Voting on a bill requires the presence of a quorum of the members. Passage of a bill requires a majority vote of all members present

Final steps in passing a bill A conference committee is often required to produce identical versions of a bill. After both houses have approved an identical bill, it is sent to the president for signature or veto. Congress can override a veto with a two-thirds vote in both houses. After it becomes law, a bill is registered with the National Archives and Records Service. Fewer than 10 percent of all bills introduced become public laws.