Development of Congressional Powers

Constitutional Powers

 The “necessary and proper” clause of the Constitution enables Congress to expand its powers.  Conflicting interpretations of the elastic clause are reflected in Supreme Court rulings on the power of Congress. ◦ Strict constructionists vs. Loose constructionists  The powers of Congress are limited by the Bill of Rights and the Constitution. ◦ Cannot suspend the writ of habeas corpus, pass bills of attainder, or make ex post facto laws.

 Legislative Powers ◦ = the power to pass laws  Congress has expanded this rights as the nation has grown.  The most significant of Congressional legislative power is in its control over the economy- taxing, spending, and regulating commerce.

 The Taxing and Spending Power ◦ The power to levy taxes and appropriate money- sometimes called the “power of the purse”- is one of Congress’s most important powers. ◦ No government agency can spend money without congressional authorization. ◦ “All bills for raising revenue shall originate in the House of Representatives.”  Designed to give states with larger populations more sway in the taxing conversation. ◦ Appropriations bills authorize spending of money.  Congress controls how this money is spent.

 Other Money Powers ◦ Power to borrow money  The US has to borrow money to meets its operating expenses.  Leads to national debt which Congress frequently tries to cap. ◦ Power to coin money  Constitution allows Congress to coin money and to regulate its value.  All currency issued is legal tender and must be accepted as payment. ◦ Power to make laws regarding bankruptcy  Almost all bankruptcy cases are heard in federal court.

 The Commerce Powers ◦ Congress has the power to regulate foreign and interstate commerce. ◦ Gibbons v. Ogden  The courts ruled that all forms of business across state lines fall under the commerce clause.  The court has expanded the definition of commerce and gave Congress even greater power. ◦ Heart of Atlanta Motel v. United States  Upheld the Civil Rights Act which prohibits discrimination in places of public accommodation such as restaurants, hotels, and motels.  Courts ruled that restaurants and motels served interstate customers.

 Foreign Policy Powers ◦ The power to approve treaties ◦ The power to declare war ◦ The power to create and maintain an army and a navy  Congress has the power over naturalization of citizens and the admission of new states to the Union.  Congress has the power to grant copyrights and patents and the power to establish federal courts and a post office.

 The power to choose a President ◦ 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. ◦ It is possible that the President be from a different party than the vice president. ◦ Congress has the power to settle problems arising from the death of candidates or the president's incapacity or resignation.

 The Removal Power ◦ Congress has the power to remove officials of the executive or judicial branches from office by the process of impeachment.  The Confirmation Power ◦ The Senate has the power to approve officials appointed by the President.  The Ratification Power ◦ The Senate ratifies treaties between the United States and other nations.  The Amendment Power ◦ Congress shares with the state legislatures the power to propose and ratify constitutional amendments.

Investigations and Oversight

 The Investigation Process ◦ Standing committees or select committees of Congress investigate the conduct and ethics of government officials and members of Congress. ◦ The committee’s staff members may travel around the country collecting evidence and scheduling witnesses. ◦ Investigations have a variety of consequences that range from proposing new legislation to removing officials from office.

 Congressional Power and Witness Rights ◦ Congressional investigations collect evidence, subpoena witnesses, and grant witnesses immunity, but they are not trials.  Subpoena: legal order stating that a person must appear in court or produce requested documents ◦ Witnesses are required to testify under oath.

 The practice of legislative oversight ◦ Congress uses the power of legislative oversight to weigh how well the executive branch carries out the laws enacted by Congress. ◦ 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 administered, applied, and executed.  Limits on Legislative oversight ◦ Realistically, Congress cannot effectively monitor every action of the executive branch. ◦ It does not have enough staff, time, or money to do so.

 Congressional limits on executive activities ◦ 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’s other support agencies to monitor the executive agencies’ finances.  Independent Counsel ◦ When Congress suspects wrongdoing, special investigations or even the threat of such investigations act as a strong deterrent to defying the intent of Congress.

Congress and the President

 Constituents and Conflict ◦ The members of Congress represent local, more narrow interests than the president, and therefore their ideas often differ from the president’s.  Checks and Balances ◦ The Constitution’s system of checks and balances may cause conflicts between the legislative and the executive branches.

 Party Politics ◦ Partisan differences can affect relations between Congress and the president.  Organization as a Cause of Conflict ◦ The organization of Congress and its procedures may cause conflicts with the president.  Differing Political Timetables ◦ Members of Congress often serve in government longer than any president and may resist the president’s timetable for enacting laws.

 Throughout the nation’s history, the balance of power has shifted back and forth between Congress and the president.  Curbing the President’s Emergency Powers ◦ Congress can limit or end the emergency powers it has granted the president. ◦ The US was in a “state of emergency” for 35 years after the Great Depression giving the President expanded powers.

 The Budget Impoundment and Control Act ◦ Congress has reduced the president’s power in planning the budget and spending money that Congress has appropriated. ◦ The Congressional Budget and Impoundment Control Act of 1974 established permanent budget committees for each house, created the Congressional Budget Office (CBO), and limited the president’s ability to impound funds.  Impoundment: President’s refusal to spend money Congress has voted to fund a program

 The Budget Impoundment and Control Act  The Congressional Budget Office provides financial experts to help Congress increase its role in planning the budget.  Use of the Legislative Veto ◦ Congress no longer uses the legislative veto but still seeks to ensure that the president carries out its intent in executing laws. ◦ Declared unconstitutional in 1983.

 Line-Item Veto ◦ 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.