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Chapter 6 Development of Congressional Powers
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I. Constitutional Powers
A. Constitutional Powers Expressed or Enumerated Powers Article I, Section 8, Clauses 1-18 Necessary and Proper Clause (18) Implied powers not listed in Clauses 1-17 Also called the Elastic Clause 1. Conflicting Interpretations The Supreme Court often rules on the interpretation of “necessary and proper.” Bank of the U.S. issues: early conflict McCulloch v. Maryland, 1816
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A. Constitutional Powers cont.
2. Powers Denied The Bill of Rights limits Congress’ powers Cannot suspend writ of habeas corpus To release a person accused of a crime to a court to determine their guilt Cannot issue bills of attainder Laws that establish guilt w/o trials Cannot pass ex post facto laws Laws that makes crime on acts when they were legal Also cannot tax exports
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B. Legislative Powers The power to pass laws
1. The Taxing and Spending Power Levy taxes and provide for the general welfare All revenue bills originate in the House Appropriations bills Proposed laws to authorize spending money Often requested by the Executive branch The President’s annual budget plan Congress now divvies up money to state and local govts. Can tax undesirable products Can regulate the economy through taxes
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B. Legislative Powers cont.
2. Other Money Powers Can borrow money to help pay for govt. Can sell govt. securities Bonds and notes National debt: the total money the government owes 1980: $1 trillion 1990: $3.2 trillion 2000: $6 trillion Today: $16.3 trillion Can coin money and regulate its value Can punish counterfeiters Can make bankruptcy laws
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B. Legislative Powers cont..
3. The Commerce Power Power to regulate foreign and interstate commerce (trade) 4. Gibbons v. Ogden 1824, the Supreme Court ruled Congress had more power over commerce, than the states Issue over steamboats 5. Heart of Atlanta Motel v. United States 1964, ruled that businesses that serve interstate travelers still falls under the commerce clause
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B. Legislative Powers cont.
6. Foreign Policy Powers Approve treaties Declare war Create and maintain the military Rules to govern them too Regulate foreign trade Share military powers with the President Congress has only declared war five times The President has used military force more than 200 times War Powers Act, 1973 Congress has to approve military action within 60 days The President must tell Congress about action within 48 hours
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B. Legislative Powers cont.
7. Providing for the Nation’s Growth Power over naturalization Process for immigrants to become citizens Allows Congress to admit new states and regulate territories Can govern federal property Military bases, national parks, historic sites, and public lands
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B. Legislative Powers cont.
8. Other Legislative Powers Grant copyrights and patents Copyrights last for a lifetime, plus 70 years Patents last 17 years Can be renewed Establish post offices and federal courts
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C. Non-Legislative Powers
1. The Power to Choose a President Joint session of Congress counts the Electoral College votes No majority, special election held in the House Occurred in 1800 and 1824 Senate chooses the VP 12th and 25th Amendments deal with Presidential elections President chooses a new VP, but Congress has to approve
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C. Non-Legislative Powers cont.
2. The Removal Power The House has the power of impeachment A formal accusation The Senate tries those accused 2/3 vote to remove someone from office Federal judges, a Supreme Court justice, a cabinet secretary, and two presidents have been impeached Some were kicked out Andrew Johnson and Bill Clinton were acquitted
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C. Non-Legislative Powers cont.
3. The Confirmation Power Senate must approve the President’s federal officials Military, cabinet, and Supreme Court 4. The Ratification Power Only the Senate can ratify treaties Did not approve the Treaty of Versailles in 1919 5. The Amendment Power Can propose amendments to the Constitution States have approved 27 amendments and failed to ratify 6
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II. Investigations and Oversight
A. The Power to Investigate 1. The Process Committees usually investigate the issue 2. Congressional Powers and Witness Rights Not an actual trial Power to subpoena Witnesses have to testify under oath Perjury Can be held in contempt Sometimes witnesses are granted immunity to testify
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B. Legislative Oversight
Continual review of how the executive branch is performing 1. The Practice An example of checks and balances Reviews the performance on how the executive branch carries out the laws 2. Limits Not carried out consistently 3. Limits on Executive Activities Requires agencies to submit reports General Accounting Office investigates too Legislative veto Underperforming agencies are not renewed Supreme Court overruled it in 1983
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III. Congress and the President
The two must work together to have a functioning government A. Cooperation and Conflict 1. Constituents and Conflict Congressmen focus on their region and not the entire country often 2. Checks and Balances Both can counteract each other
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A. Cooperation and Conflict cont.
3. Party Politics Not much gets done when there are different parties in control of Congress and the White House History of vetoes 4. Organization as a Cause of Conflict Rules and committees of Congress make it difficult to pass bills 5. Differing Political Timetables Each group serves different lengths of terms
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B. The Struggle for Power
Congress dominated power for about 150 years Jackson, Lincoln, and FDR were exceptions Crises of the 20th Century increased presidential powers 1. Curbing the President’s Emergency Powers 1976, National Emergency Act ended a 35 state of emergency from WWII Presidents now have to inform Congress if they intend to declare a national emergency
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B. The Struggle for Power
2. The Budget Impoundment and Control Act Presidents usually propose the annual budget Congress increased their role after 1974 3. Legislative Veto Congress is still looking for an alternative 4. Line-Item Veto Passed in 1996 Can veto portions of bills instead of the whole thing Declared unconstitutional in 1998 Needs a constitutional amendment
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Chapter 6 Congressional Powers Questions
What are enumerated powers? Give some examples of them. How has the interpretation of the elastic clause caused controversy in American history? What are some powers denied to Congress. Give three examples. What is legislative oversight? How might legislative vetoing power make this duty stronger for Congress? What are three aspects that create conflict between the President and Congress? Explain each. How could the line-item veto potentially eliminate excessive government spending? What could be a problem that would arise from the President having that power?
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