CHAPTER 6 U.S GOVT

CONSTITUTIONAL PROVISIONS A. THE “NECESSARY AND PROPER” CLAUSE OF THE CONSTITUTION ENABLES CONGRESS TO EXPAND ITS POWER B. CONFLICTING INTERPRETATIONS OF THE ELASTIC CLAUSE ARE REFLECTED IN SUPREME COURT RULINGS ON THE POWER OF CONGRESS C. THE POWERS OF CONGRESS ARE LIMITED BY THE BILL OF RIGHTS AND THE CONSTITUTIONS

LEGISLATIVE POWERS A. THE POWER TO LEVY TAXES AND APPROPRIATE MONEY IS ONE OF CONGRESS’ MOST IMPORTANT POWERS B. CONGRESS HAS THE POWER TO BORROW MONEY; TO COIN MONEY, AND TO MAKE LAWS REGARDING BANKRUPTCY C. CONGRESS HAS THE POWER TO REGULATE FOREIGN AND INTERSTATE COMMERCE.

LEGISLATIVE POWERS (CONT’D) D. CONGRESS HAS IMPORTANT POWERS IN FOREIGN POLICY AND NATIONAL DEFENSE, SUCH AS THE POWER TO APPROVE TREATIES, TO DELCARE WAR, AND TO CREATE AND MAINTIAN AN ARMY AND A NAVY E. CONGRESS HAS POWER OVER NATURALIZATION OF CITIZENS AND THE ADMISSION OF NEW STATE TO THE UNION. F. CONGRESS HAS THE POWER TO GRANT COPYRIGHTS AND PATENTS AND THE POWER TO ESTABLISH FEDERAL COURTS AND A POST OFFICE

NONLEGISLATIVE POWERS A. IF NO PRESIDENTIAL CANDIDATE HAS A MAJORITY OF THE ELECTORAL VOTES, THE HOUSE OF REPRESENTATIVES CHOOSES THE PRESIDENT FROM THE TOP THREE CANDIDATES; IF NO VICE PRESIDENTIAL CANDIDATE HAS AN ELECTORAL VOTE MAJORITY, THE SENATE CHOOSES THE VICE PRESIDENT FROM THE TOP TWO CANDIDATES B. CONGRESS HAS THE POWER TO SETTLE PROBLEMS ARISING FROM THE DEATH OF CANDIDATES OR THE PRESIDENT’S INCAPACITY OR RESIGNATION

NONLEGISLATIVE POWERS (CONT’D) C. CONGRESS HAS THE POWER TO REMOVE OFFCIALS OF THE EXECUTIVE OR JUDICIAL BRANCHES FROM OFFICE BY THE PROCESS OF IMPEACHMENT D. THE SENATE HAS THE POWER TO APPROVE OFFICIALS APPOINTED BY THE PRESIDENT E. THE SENATE RATIIFIES TREATIES BETWEEN THE UNITED STATES AND OTHER NATIONS.

NONLEGISLATIVE POWERS (CONT’D) F. CONGRESS SHARES WITH STATE LEGISLATURES THE POWER TO PROPOSE AND RATIFY CONSTITUTIONAL AMMENDMENTS.

THE POWER TO INVESTIGATE A. STANDING COMMITTEES OR SELECT COMMITTEES OF CONGRESS INVESTIGATE THE CONDUCT AND ETHICS OF GOVT OFFCIALS AND MEMBERS OF CONGRESS B. INVESTIGATIONS HAVE A VARIETY OF CONSEQUENCES THAT RANGE FROM PROPOSING NEW LEGISLATION TO REMOVING OFFCIALS FROM OFFICE C. CONGRESSIONAL INVESTIGATIONS COLLECT EVIDENCE, SUBPOENA WITNESS, AND GRANT WITNESS IMMUNITY, BUT THEY ARE NOT TRIALS

LEGISLATIVE OVERSIGT A. CONGRESS USES THE POWER OF LEGISLATIVE OVERSIGHT TO WEIGH HOW WELL THE EXECUTIVE BRANCH CARRIES OUT THE LAWS ENACTED BY CONGRESS B. THE LEGISLATIVE REORGANIZATION ACTS OF 1946 AND 1970 REQUIRE CONGRESS TO REVIEW AND STUDY, ON A CONTINUING BASIS, HOW THE LAWS UNDER ITS RESPONSIBILITY ARE ADMININSTERED, APPLIED, AND EXECUTED C. REALISTICALLY, HOWEVER, CONGRESS CANNOT EFFECTIVELY MONITOR EVERY ACTION OF THE EXECUTIVE BRANCH; IT DOES NOT HAVE ENOUGH STAFF, TIME, OR MONEY TO DO SO.

LEGISLATIVE OVERSIGHT (CONT’D) D. CONGRESS USES ITS LEGISLATIVE OVERSIGHT TO REQUIRE EXECUTIVE AGENCIES TO SUBMIT REPORTS ON THEIR ACTIVITIES, TO REVIEW THOSE AGENCIES’ BUDGETS, AND TO DIRECT THE GAO AND CONGRESS’ OTHER SUPPORT TO MONITOR THE EXECUTIVE AGENCIES’ FINANCES E. WHEN CONGRESS SUSPECTS WRONGDOING, SPECIAL INVESTIGATIONS OR EVEN THE THREAT OF SUCH INVESTIGATIONS ACT AS A STRONG DETERENT TO DEFYING THE INTENT OF CONGRESS

COOPERATION AND CONFLICT A. THE MEMBERS OF CONGRESS REPRESENT LOCAL, MORE NARROW INTERESTS THAN THE PRESIDENT, AND THEREFORE THEIR IDEAS OFTEN DIFFER FROM THE PRESIDENT’S. B. THE CONSTITUTION’S SYSTEM OF CHECKS AND BALANCES MAY CAUSE CONFLICTS BETWEEN THE LEGISLATIVE AND THE EXECUTIVE BRANCHES. C. PARTISAN DIFFERENCES CAN AFFECT RELATIONS BETWEEN CONGRESS AND THE PRESIDENT

COOPERATION AND CONFLICT (CONT’D) D. THE ORGANIZATION OF CONGRESS AND ITS PROCEDURES MAY CAUSE CONFLICTS WITH THE PRESIDENT E. MEMBERS OF CONGRESS OFTEN SERVE IN GOVT LONGER THAN ANY PRESIDENT AND MAY RESIST THE PRESIDENT’S TIMETABLE FOR ENACTING LAWS.

THE STRUGGLE FOR POWER A. THROUGHOUT THE NATION’S HISTORY, THE BALANCE OF POWER HAS SHIFTED BACK AND FORTH BETWEEN CONGRESS AND THE PRESIDENT B. CONGRESS CAN LIMIT OR END THE EMERGENCY POWERS IT HAS GRANTED THE PRESIDENT C. CONGRESS HAS REDUCED THE PRESIDENT’S POWER IN PLANNING THE BUDGET AND SPENDING MONEY THAT CONGRESS HAS APPROPRIATED

THE STRUGGLE FOR POWER (CONT’D) D. THE CONGRESSIONAL BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974 ESTABLISHED PERMANENT BUDGET COMMITTEES FOR EACH HSOUE, CREATED THE CONGRESSIONAL BUDGET OFFICE (CBO), AND LIMITED THE PRESIDENT’S ABILITY TO IMPOUND FUNDS. E. THE CONGRESSIONAL BUDGET OFFICE PROVIDES FINANCIAL EXPERTS TO HELP CONGRESS INCREASE ITS ROLE IN PLANNING THE BUDGET

THE STRUGGLE FOR POWER (CONT’D) F. CONGRESS NO LONGER USES THE LEGISLATIVE VETO BUT STILL SEEKS TO ENSURE THAT THE PRESIDENT CARRIES OUT ITS INTENT IN EXECUTING LAWS. G. IN 1996 CONGRESS AUTHORIZED THE LINE-ITEM VETO FOR THE PRESIDENT TO VETO SPECIFIC SPENDING ITEMS IN APPROPRIATION BILLS. IN 1998 THE SUPREME COURT DECLARED THE LINE-ITEM VETO TO BE UNCONSTITUTIONAL