Ch 6 Government Sections: 3 Development of Congressional Powers (embedded notes)

Procedures Fully explain all items in your notes. For example, use a term from the Assessments AND it’s definition in your explanations. Explain do not just list. Answer the Focus Questions/STGs. Use the Format and Process modeled throughout the year. Section 1 has been provided as a guide. Do the rest using the: Titles Subtitles (in red) Items list Questions

Section 1 Constitutional Powers Embed these into your notes. Give examples of each and which branch has them. Expressed powers Enumerated powers Necessary and proper clause Implied powers Elastic clause ---------------------------------------------------------------- Second Bank of the United States McCulloch v Maryland Writ of habeas corpus Bills of attainder Ex post facto laws Taxing and Spending Powers Revenue bills Appropriations bills National debt Bankruptcy Interstate commerce Gibbons v Ogden, 182___ Heart of Atlanta Motel v United States, 196___ War Powers Act, 197___ & Foreign Policy Powers Copyright patent Electoral College Twentieth Amendment, _______ Twenty Fifth Amendment, ________ Impeachment Confirmation power Ratification power Amendment power Twenty First Amendment, ________

Questions Use a chart to give examples of these powers: expressed, implied, denied AND which branch of government is affected. State (list) the foreign policy powers of Congress. Why are the money powers granted to Congress so important? (think about the powers under the Articles of Confederation) How has the commerce clause enabled Congress to apply a loose interpretation to the Constitution?

Constitutional Powers Article I created the _______________ branch Aka Congress Framers of the Constitution intended:

Constitutional Provisions Legislative Powers Use items 1-5 to explain the Legislative Powers. Article I, Section __________, Clauses _________

Conflicting Interpretations Necessary and Proper clause Over the years, the U.S. Supreme Court has varied in its interpretation of this clause. McCulloch v Maryland, 1819 – Supreme Court applied a loose interpretation – expanding the power of Congress. Created a precedent for the Necessary and Proper clause to be loosely interpreted to allow more power to Congress. Coined the term (created a new saying) Elastic Clause. During the Taney era, the Supreme Court’s rulings followed a more strict constructionist interpretation. Powers Denied to Congress Reserved Powers – belong to the ___________ Bill of Rights Writ of habeas corpus Bills of attainder Ex post facto laws

Powers of Congress Legislative and Non-Legislative Legislative Powers List here and explain on future slides/pages. Taxing & Spending Power Other Money Powers Commerce Power Foreign Policy Power Providing for the Nation’s Growth Other Legislative Powers

Congress: Taxing & Spending Powers “power of the _______________” Levy _____________ No government agency can spend $ w/o authorization (approval) from Congress. Article I, Section _____ allows only one chamber to originate (write) ______________ bills to (define) ____________________________.

Congress: Taxing & Spending Powers (cont’d) Authorizations bills _____________________ Article I, Section ___________ Usually come from President (_________ Branch) Most in annual budget proposal from President Taxing Powers used to: Stimulate economy with tax cuts Slow economic growth/inflation with higher taxes Discourage harmful products thru excise taxes

Congress: Other Money Powers Can issue bonds and Treasury notes to _______________ money. This increases the _____________________ ______________. Coin money Regulate the value of currency Punish counterfeiters Establish standard weights and measures Make laws about: bankruptcy - ________________________________ Most are heard in federal court

Congress: Commerce Power Gibbons v Ogden, 1824 Heart of Atlanta Motel v United States, 1964

Congress: Foreign Policy Power Treaties Declare War War Powers Act Create & Maintain Military Forces Regulate Foreign Commerce

Congress: Providing for Nation’s Growth Naturalization Admitting new states, territories, Federal Property

Congress: Other Legislative Powers Copyright Patent Post Office Federal Courts

Nonlegislative Powers Choose a President Electoral College Succession Twentieth Amendment Twenty-Fifth Amendment Removal Power (Impeachment) Confirmation Power Ratification Power Amendment Power

Section 2 Investigations & Oversight subpoena Perjury contempt Watkins v United States, 1957 Chief Justice Earl Warren immunity Colonel Oliver North (Iran-Contra Affair) Legislative Organization Act of 1970 1946 Employment Act General Accounting Office (GAO) legislative veto Immigration and Naturalization Service v Chadha, 1983 Ethics in Government Act, 1978

Questions Compare and contrast the rights of a witness in a Congressional Investigation to a Witness’s Rights in Court. Identify the steps Congress can take if a witness pleads the Fifth Amendment and refuses to testify in a Congressional Investigation. Explain how Congress can exercise its power of legislative oversight. Identify three congressional investigations focused on the executive branch.

Section 3 Congress and the President national budget impoundment President’s Emergency Powers & National Emergency Act Congressional Budget Office (CBO) line-item veto Is it currently constitutional? Was it ever permitted? Explain how this changed throughout history and who exercised this power.

Questions How has the structure/process of the American political system led to competition and conflict between the President and Congress? Why has power shifted back and forth between the President and Congress over the years? Use a graphic organizer (T Table + -) to show how Congress has gained and lost power. Why do the different constituencies of the President and Congress cause conflict between the Executive and Legislative Branches?

The End Did you explain ALL of the items on the list? Did you answer ALL of the questions?