Chapter 6 Powers of Congress American Government Chapter 6 Powers of Congress

Congressional Power Congress only has the powers delegated to it by the Constitution Cannot do: create national public school system require people to vote or attend church set a minimum age for marriage or driver’s license abolish jury trials confiscate all hand-guns Can do: Expressed Powers (Enumerated Powers) specifically stated in the Constitution Implied Powers Congress can expand their role/powers Necessary and Proper – Elastic Clause

Strict Versus Liberal Construction Originally, the split over the federalist and anti-federalist was about the powers of Congress Strict Constructionist Led by Thomas Jefferson and believed that Congress should only do expressed powers and only important implied powers “That government is best which governs least” wanted the States to keep as much power as possible Liberal Constructionists Led by Alexander Hamilton and believed that Congress should have a great deal of power

McCulloch v. Maryland Defines Federalism – National and State Government National Government tried to create a National bank in Maryland McCullough is the president of the National bank in Maryland National bank started to issued notes without paying a tax Maryland – taxed the national bank in Maryland -10th Amendment – Reserved Powers Verdict: Necessary and Proper Clause of the United States Constitution stated that the Federal Government was permitted to operate banks within individual states without paying taxes. 

The Necessary and Proper Clause Congress appropriates money to many programs not called for in the Constitution Assigns to a particular use This is called implied powers “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” Article 1, Section 8, Clause 18 This clause has been used to expand the power of Congress to “Implied Powers”

The Battle Over Implied Powers Began with Alexander Hamilton, as Secretary of Treasury, helped Congress set up a national bank Opponents of this action stated that it was not an expressed power for Congress McCulloch v. Maryland, 1819 Congress had created the Second Bank of the United States in Maryland Maryland began taxing the bank, as a form of checks and balance The Supreme Court unanimously held that the Constitution need not expressly empower Congress to create a bank Chief Justice John Marshall used the “necessary and proper clause” to meet the expressed power over commerce Also reinforced Judicial Review as well

The Power to Tax The Constitution gives congress the right “to lay and collect taxes, duties, imposts and excises…” The Purpose of Taxes A tax is a charge levied by government on persons or property to meet public needs However, import taxes protect domestic industry against foreign competition Uses of taxes Encourage and discourage manufactures to create / buy products Gasoline or alternative fuel Regulate Economy – tax classes of people (rich/middle/lower) Limits on the Taxing Power Congress may tax only for public purposes, not private benefit Congress can not tax exports Direct taxes must be apportioned among the states A tax that must be paid by the person whom it is imposed Property Taxes All indirect taxes must be levied at the same rate in all parts of the country A tax first paid by one person but then passed on to another Sin Taxes

Legislative Powers Revenue Bills – Appropriation Bills- Proposed laws for raising money - must originate in the House of Rep Appropriation Bills- Proposed law to authorize spending money Two Step process 1. Authorization Bill – program establishing how much can be spent on the program. 2. approving of the bill Constitution – Coin Money Issue bonds – lend government money for return profit. Raise or lower debt limit

Legislative Powers Copyright Patent Commerce Power Foreign Policy Commerce Clause –regulate trade Interstate Commerce – regulate trade amongst the states Gibbons v Ogden – Trade / travel route between New York and New Jersey. Federal Government has the right to regulate trade between two states. Foreign Policy Approve treaties. - Senate Declare war. Create and maintain army and navy. Make rules governing land and naval forces. Regulate foreign commerce. Other Powers Copyright the exclusive rights of an author to reproduce, publish, and sell his or her creative work Patent grants a person the sole right to manufacture, use or sell “any new and useful art, machine, manufacture, or composition of matter, or any new useful improvement there of” Good for 20 years Enforced through the Department of Commerce

The Commerce Power Power of Congress to regulate interstate and foreign trade Originally a major weakness of the Article of Confederation Court’s decision expanded the interpretation of the term “Commerce” The Court’s and Congress have defined more implied powers over the years Limits on the Commerce Power Cannot tax exports Cannot favor the ports of one state over those of any other in the regulation of trade Cannot require that “vessels” pay taxes when entering or exiting states Could not interfere with the slave trade

War Powers The Constitution makes the President the Commander in Chief, however Congress has strong war powers as well Congress has the ability to: Declare war Raise and support armies - DRAFT Provide and maintain a navy Make rules pertaining to the governing of land and naval forces Etc. Passage of the War Powers Resolution of 1973, congress can restrict the use of American forces in combat in areas where a state of war does not exist

Non- Legislative Powers Removal of Power Impeachment – formal accusation of misconduct of a public official Charges brought by the House of Representatives Senate hears the case – 2/3 vote to impeach Chief Justice presides over the case Confirmation Senate confirms presidential appointments (cabinet + Supreme Court) Ratification Ratify Treaties – Senate 2/3 vote Amendment Propose Amendments 2/3 Vote in both houses Convention 2/3 States

Impeachment (Con’t) Richard Nixon Andrew Johnson Bill Clinton Became president after the death of Abraham Lincoln Violated the Tenure of Office Act and was impeached by the House However acquitted by the Senate found not guilty Richard Nixon In June 1972, Republic operatives attempted to break into the Democratic Party’s national headquarters in Watergate Complex in D.C. Thus the term Watergate The probe over this incident led to a long list of illegal acts House voted to impeach Nixon and requested a subpoena of several tape recordings from the Oval Office legal order directing one to appear in court and/or to produce certain evidence In light of the pending conviction, Nixon resigned before being convicted and removed from office Bill Clinton Impeached by the House on an account of perjury and obstruction of justice lying under oath and withholding information Also acquitted by the Senate

Investigations and Oversight Chapter 6 Section 2

What are the four categories of congressional powers? Legislative Nonlegislative Expressed Implied

Legislative Oversight Two New Powers… Investigative Legislative Oversight

Investigative Done by standing committee or select committee. May be done for many reasons. Congressional investigations - general Special investigations – low-key investigations into practices not intended by law or expenditures not justified. Often have a double-edged sword – leads to legislation but often damages peoples reputations.

Words You Need to Know… Subpoena – legal order requiring a person to appear in court or produce documents. Perjury – lying under oath. Contempt – willful obstruction of the court. Immunity – freedom from prosecution in exchange for testimony.

Legislative Oversight Continuing review of how effectively the executive branch carries out the laws that are passed by Congress. Perfect example of checks and balances. Two laws that define legislative oversight: Legislative Reorganization Act of 1946 “Continuous watchfulness” Legislative Reorganization Act of 1970. “Each standing committee shall review and study, on a continuing basis, the application, administration, and execution” of laws in areas of its responsibility.

Inconsistent Oversight Lawmakers do not have enough staff, time or money to keep track. Lawmakers know there are not many votes to be gained through oversight, unless there is scandal. Vague language of the law can be hard to judge the detailed meaning. Committees sometimes become too familiar and friendly with the agencies they oversee.

Ways Oversight is Conducted Agencies to submit reports. Annual budget reports from the president. Budget review gives Congress chance to shape public policy through expansion, reduction or elimination of programs. Legislative veto – provisions that allow Congress to review and cancel the actions of executive agencies. L

Congress and the President Chapter 6 Section 3

Tension + Veto President can veto Congress Veto Powers President sends bill back with amendments to the bill. Congress can veto the President. Requires 2/3 vote in each house. Veto Powers Legislative Veto – allows Congress to cancel actions of executive branch. Immigration and Naturalization Service v. Chadha (1983) – one-house veto unconstitutional Line-item Veto – Passed in 1996 it allows the president to veto certain provisions of a budget. To override, Congress would have to pass a free standing bill. Clinton v. City of New York (1998) - Unconstitutional

Conflicts are Inevitable Divided Government – One party controls the White House One party controls Congress Party Conflicts

Congressional Efforts to Curb Executive Power National Emergencies Act 1976. A president must notify Congress when intending to declare a national emergency.. Cannot be longer than one year. Majority vote of Congress can override provisions of emergency declarations. Budget Impoundment and Control Act 1974. Established permanent budget committees in both houses. Established the C.B.O. Limits president’s ability to impound funds (refusal to spend money on programs that Congress has voted on).