1. Chapter 6 Powers of Congress
American Government
Chapter 6
Powers of Congress

2. Congressional Power
Congress only has the powers delegated to it by the Constitution
Cannot do:
create national public school system
require people to vote or attend church
set a minimum age for marriage or driver’s license
abolish jury trials
confiscate all hand-guns
Can do:
Expressed Powers (Enumerated Powers)
specifically stated in the Constitution
Implied Powers
Congress can expand their role/powers
Necessary and Proper – Elastic Clause

4. Strict Versus Liberal Construction
Originally, the split over the federalist and anti-federalist was about the powers of Congress
Strict Constructionist
Led by Thomas Jefferson and believed that Congress should only do expressed powers and only important implied powers
“That government is best which governs least”
wanted the States to keep as much power as possible
Liberal Constructionists
Led by Alexander Hamilton and believed that Congress should have a great deal of power

5. McCulloch v. Maryland
Defines Federalism – National and State Government
National Government tried to create a National bank in Maryland
McCullough is the president of the National bank in Maryland
National bank started to issued notes without paying a tax
Maryland – taxed the national bank in Maryland -10th Amendment – Reserved Powers
Verdict: Necessary and Proper Clause of the United States Constitution stated that the Federal Government was permitted to operate banks within individual states without paying taxes. 

6. The Necessary and Proper Clause
Congress appropriates money to many programs not called for in the Constitution
Assigns to a particular use
This is called implied powers
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof” Article 1, Section 8, Clause 18
This clause has been used to expand the power of Congress to “Implied Powers”

7. The Battle Over Implied Powers
Began with Alexander Hamilton, as Secretary of Treasury, helped Congress set up a national bank
Opponents of this action stated that it was not an expressed power for Congress
McCulloch v. Maryland, 1819
Congress had created the Second Bank of the United States in Maryland
Maryland began taxing the bank, as a form of checks and balance
The Supreme Court unanimously held that the Constitution need not expressly empower Congress to create a bank
Chief Justice John Marshall used the “necessary and proper clause” to meet the expressed power over commerce
Also reinforced Judicial Review as well

8. The Power to Tax
The Constitution gives congress the right “to lay and collect taxes, duties, imposts and excises…”
The Purpose of Taxes
A tax is a charge levied by government on persons or property to meet public needs
However, import taxes protect domestic industry against foreign competition
Uses of taxes
Encourage and discourage manufactures to create / buy products
Gasoline or alternative fuel
Regulate Economy – tax classes of people (rich/middle/lower)
Limits on the Taxing Power
Congress may tax only for public purposes, not private benefit
Congress can not tax exports
Direct taxes must be apportioned among the states
A tax that must be paid by the person whom it is imposed
Property Taxes
All indirect taxes must be levied at the same rate in all parts of the country
A tax first paid by one person but then passed on to another
Sin Taxes

9. Legislative Powers Revenue Bills – Appropriation Bills-
Proposed laws for raising money -
must originate in the House of Rep
Appropriation Bills-
Proposed law to authorize spending money
Two Step process
1. Authorization Bill – program establishing how much can be spent on the program.
2. approving of the bill
Constitution – Coin Money
Issue bonds – lend government money for return profit.
Raise or lower debt limit

10. Legislative Powers Copyright Patent Commerce Power Foreign Policy
Commerce Clause –regulate trade
Interstate Commerce – regulate trade amongst the states
Gibbons v Ogden – Trade / travel route between New York and New Jersey.
Federal Government has the right to regulate trade between two states.
Foreign Policy
Approve treaties. - Senate
Declare war.
Create and maintain army and navy.
Make rules governing land and naval forces.
Regulate foreign commerce.
Other Powers
Copyright
the exclusive rights of an author to reproduce, publish, and sell his or her creative work
Patent
grants a person the sole right to manufacture, use or sell “any new and useful art, machine, manufacture, or composition of matter, or any new useful improvement there of”
Good for 20 years
Enforced through the Department of Commerce

11. The Commerce Power
Power of Congress to regulate interstate and foreign trade
Originally a major weakness of the Article of Confederation
Court’s decision expanded the interpretation of the term “Commerce”
The Court’s and Congress have defined more implied powers over the years
Limits on the Commerce Power
Cannot tax exports
Cannot favor the ports of one state over those of any other in the regulation of trade
Cannot require that “vessels” pay taxes when entering or exiting states
Could not interfere with the slave trade

12. War Powers
The Constitution makes the President the Commander in Chief, however Congress has strong war powers as well
Congress has the ability to:
Declare war
Raise and support armies - DRAFT
Provide and maintain a navy
Make rules pertaining to the governing of land and naval forces
Etc.
Passage of the War Powers Resolution of 1973, congress can restrict the use of American forces in combat in areas where a state of war does not exist

14. Non- Legislative Powers
Removal of Power
Impeachment – formal accusation of misconduct of a public official
Charges brought by the House of Representatives
Senate hears the case – 2/3 vote to impeach
Chief Justice presides over the case
Confirmation
Senate confirms presidential appointments (cabinet + Supreme Court)
Ratification
Ratify Treaties – Senate 2/3 vote
Amendment
Propose Amendments
2/3 Vote in both houses
Convention 2/3 States

15. Impeachment (Con’t) Richard Nixon Andrew Johnson Bill Clinton
Became president after the death of Abraham Lincoln
Violated the Tenure of Office Act and was impeached by the House
However acquitted by the Senate
found not guilty
Richard Nixon
In June 1972, Republic operatives attempted to break into the Democratic Party’s national headquarters in Watergate Complex in D.C.
Thus the term Watergate
The probe over this incident led to a long list of illegal acts
House voted to impeach Nixon and requested a subpoena of several tape recordings from the Oval Office
legal order directing one to appear in court and/or to produce certain evidence
In light of the pending conviction, Nixon resigned before being convicted and removed from office
Bill Clinton
Impeached by the House on an account of perjury and obstruction of justice
lying under oath and withholding information
Also acquitted by the Senate

16. Investigations and Oversight
Chapter 6
Section 2

17. What are the four categories of congressional powers?
Legislative
Nonlegislative
Expressed
Implied

18. Legislative Oversight
Two New Powers…
Investigative
Legislative Oversight

19. Investigative Done by standing committee or select committee.
May be done for many reasons.
Congressional investigations - general
Special investigations – low-key investigations into practices not intended by law or expenditures not justified.
Often have a double-edged sword – leads to legislation but often damages peoples reputations.

20. Words You Need to Know…
Subpoena – legal order requiring a person to appear in court or produce documents.
Perjury – lying under oath.
Contempt – willful obstruction of the court.
Immunity – freedom from prosecution in exchange for testimony.

21. Legislative Oversight
Continuing review of how effectively the executive branch carries out the laws that are passed by Congress.
Perfect example of checks and balances.
Two laws that define legislative oversight:
Legislative Reorganization Act of 1946
“Continuous watchfulness”
Legislative Reorganization Act of 1970.
“Each standing committee shall review and study, on a continuing basis, the application, administration, and execution” of laws in areas of its responsibility.

22. Inconsistent Oversight
Lawmakers do not have enough staff, time or money to keep track.
Lawmakers know there are not many votes to be gained through oversight, unless there is scandal.
Vague language of the law can be hard to judge the detailed meaning.
Committees sometimes become too familiar and friendly with the agencies they oversee.

23. Ways Oversight is Conducted
Agencies to submit reports.
Annual budget reports from the president.
Budget review gives Congress chance to shape public policy through expansion, reduction or elimination of programs.
Legislative veto – provisions that allow Congress to review and cancel the actions of executive agencies. L

24. Congress and the President
Chapter 6
Section 3

25. Tension + Veto President can veto Congress Veto Powers
President sends bill back with amendments to the bill.
Congress can veto the President.
Requires 2/3 vote in each house.
Veto Powers
Legislative Veto – allows Congress to cancel actions of executive branch.
Immigration and Naturalization Service v. Chadha (1983) – one-house veto unconstitutional
Line-item Veto – Passed in 1996 it allows the president to veto certain provisions of a budget.
To override, Congress would have to pass a free standing bill.
Clinton v. City of New York (1998) - Unconstitutional

26. Conflicts are Inevitable
Divided Government –
One party controls the White House
One party controls Congress
Party Conflicts

27. Congressional Efforts to Curb Executive Power
National Emergencies Act
1976.
A president must notify Congress when intending to declare a national emergency..
Cannot be longer than one year.
Majority vote of Congress can override provisions of emergency declarations.
Budget Impoundment and Control Act
1974.
Established permanent budget committees in both houses.
Established the C.B.O.
Limits president’s ability to impound funds (refusal to spend money on programs that Congress has voted on).