1. Chapter 6 Notes
Macdonald
Government

2. Constitutional Powers
Constitutional Provisions
Expressed powers
Implied powers
B. Conflicting Interpretations
Strict construction
Only valid powers are those clearly stated in Const.
Supported by MD in McCulloch v. Maryland
Loose construction
Justices should discover general ideas of Constitution and rule based on that
Broad interpretation of “necessary & proper clause”

3. Heart of Atlanta Motel v. U.S.
C. Legislative Powers
Tax & spend (Revenue & Appropriation)
Commerce/ trade
Military & foreign policy
Other
Naturalization
Post offices
Copyrights / patents
Create lower federal courts
Washington DC
Elastic clause
Heart of Atlanta Motel v. U.S.
1. Congress used power to regulate commerce to pass Civil Rights Act
2. Laws prohibited discrimination
3. Motel owner sued
4. Court said:
a. Motels serve interstate travelers
b. Restaurants serve food from other states

4. E. If Electoral votes are a tie,
Senate chooses VP
House chooses President
Removal power – impeachment & removal
Senate confirms presidential appointment & ratifies treaties
Can propose amendments

5. II. Investigations and Oversight
Investigative power not granted nor denied
Process for investigation:
May last days or months
Standing or select committees
Travel around gathering evidence
Call dozens of witnesses – may subpoena, prosecute for perjury or contempt, offer immunity like courts
Often politically motivated
Clinton – Whitewater
McCarthy - Communism

6. D. Legislative Oversight
Continuing review of how effectively laws carried out by executive branch
Example of checks & balances
Inconsistently done due to limits on time, staff, money
Independent Counsel – created by Ethics in Gov’t Act
Used for 20 investigations
Became unpopular b/c investigations were long & expensive
Law expired in 1999

7. III. Congress & the President
Checks & balances can result in gridlock
Conflict b/w national & local goals
Struggle for power
Congress dominated until 1800s
Strong presidents compete for power
Congress tries to curb power of president
President can impound funds
Congress limited that ability
Line-item veto
Pres. would like to cross out certain parts of bill
Supreme Court said no – needs to be amendment to Constitution