The Development of Congressional Powers

Constitutional Powers Expressed or Enumerated Powers – Article I Section 8 Implied Powers – Necessary and Proper Clause Elastic Clause – McCulloch v. Maryland Denied Powers – Suspension of writ of habeas corpus – Bills of Attainder and Ex Post Facto Laws

Legislative Powers Taxing and Spending and Borrowing – Use of taxing power as incentives and to regulate – Coin money, punish counterfeiters, and make bankruptcy laws – National debt and deficits Bonds

Legislative Powers Commerce Power – Interstate commerce – Expansion of federal power – Gibbons v. Ogden 1824 – Civil Rights Act of 1964 Heart of Atlanta Motel v. U.S. – Healthcare Law?

Legislative Powers Foreign Policy Powers – Approve treaties Senate – Declare war – Create and maintain an army and navy – Make rules governing land and naval forces – Regulate foreign commerce – Clash with the president War Powers Act

Legislative Powers Other Powers – Naturalization – Admit new states and pass laws to govern territories – Pass laws to govern federal property – Copyrights and patents – Establish federal courts – Establish post office Using mail for an illegal act is a federal crime

Nonlegislative Powers Power to Choose a President – Count electoral votes – No majority in Electoral College Removal Power – Impeachment House Treason, Bribery and Other High Crimes and Misdemeanors – Removal Senate

Nonlegislative Powers Confirmation Power – Senate Ratification Power – Senate – Treaties Amendment Power – 2/3 Congress proposes – ¾ States Ratify

Powers of Investigation and Oversight Red Scare and Joe McCarthy – Edward R. Murrow Edward R. Murrow Watergate Iran/Contra Clinton – Whitewater – Sex and Perjury Independent Counsel

Congress and the President Institutional Reasons for Conflict – Constituents – Checks and Balances – Party – Differing Timetables – Shared war making powers