Chapter 6 Notes Macdonald Government.

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Chapter 6 Notes Macdonald Government

Constitutional Powers Constitutional Provisions Expressed powers Implied powers B. Conflicting Interpretations Strict construction Only valid powers are those clearly stated in Const. Supported by MD in McCulloch v. Maryland Loose construction Justices should discover general ideas of Constitution and rule based on that Broad interpretation of “necessary & proper clause”

Heart of Atlanta Motel v. U.S. C. Legislative Powers Tax & spend (Revenue & Appropriation) Commerce/ trade Military & foreign policy Other Naturalization Post offices Copyrights / patents Create lower federal courts Washington DC Elastic clause Heart of Atlanta Motel v. U.S. 1. Congress used power to regulate commerce to pass Civil Rights Act 2. Laws prohibited discrimination 3. Motel owner sued 4. Court said: a. Motels serve interstate travelers b. Restaurants serve food from other states

E. If Electoral votes are a tie, Senate chooses VP House chooses President Removal power – impeachment & removal Senate confirms presidential appointment & ratifies treaties Can propose amendments

II. Investigations and Oversight Investigative power not granted nor denied Process for investigation: May last days or months Standing or select committees Travel around gathering evidence Call dozens of witnesses – may subpoena, prosecute for perjury or contempt, offer immunity like courts Often politically motivated Clinton – Whitewater McCarthy - Communism

D. Legislative Oversight Continuing review of how effectively laws carried out by executive branch Example of checks & balances Inconsistently done due to limits on time, staff, money Independent Counsel – created by Ethics in Gov’t Act Used for 20 investigations Became unpopular b/c investigations were long & expensive Law expired in 1999

III. Congress & the President Checks & balances can result in gridlock Conflict b/w national & local goals Struggle for power Congress dominated until 1800s Strong presidents compete for power Congress tries to curb power of president President can impound funds Congress limited that ability Line-item veto Pres. would like to cross out certain parts of bill Supreme Court said no – needs to be amendment to Constitution

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