1. Ch 6 Government Sections: 3
Development of
Congressional Powers
(embedded notes)

2. Procedures Fully explain all items in your notes.
For example, use a term from the Assessments AND it’s definition in your explanations.
Explain do not just list.
Answer the Focus Questions/STGs.
Use the Format and Process modeled throughout the year.
Section 1 has been provided as a guide. Do the rest using the:
Titles
Subtitles (in red)
Items list
Questions

3. Section 1 Constitutional Powers Embed these into your notes.
Give examples of each and which branch has them.
Expressed powers
Enumerated powers
Necessary and proper clause
Implied powers
Elastic clause
Second Bank of the United States
McCulloch v Maryland
Writ of habeas corpus
Bills of attainder
Ex post facto laws
Taxing and Spending Powers
Revenue bills
Appropriations bills
National debt
Bankruptcy
Interstate commerce
Gibbons v Ogden, 182___
Heart of Atlanta Motel v United States, 196___
War Powers Act, 197___ & Foreign Policy Powers
Copyright
patent
Electoral College
Twentieth Amendment, _______
Twenty Fifth Amendment, ________
Impeachment
Confirmation power
Ratification power
Amendment power
Twenty First Amendment, ________

4. Questions
Use a chart to give examples of these powers: expressed, implied, denied AND which branch of government is affected.
State (list) the foreign policy powers of Congress.
Why are the money powers granted to Congress so important? (think about the powers under the Articles of Confederation)
How has the commerce clause enabled Congress to apply a loose interpretation to the Constitution?

5. Constitutional Powers
Article I created the _______________ branch
Aka Congress
Framers of the Constitution intended:

6. Constitutional Provisions
Legislative Powers
Use items 1-5 to explain the Legislative Powers.
Article I, Section __________, Clauses _________

7. Conflicting Interpretations
Necessary and Proper clause
Over the years, the U.S. Supreme Court has varied in its interpretation of this clause.
McCulloch v Maryland, 1819 – Supreme Court applied a loose interpretation – expanding the power of Congress. Created a precedent for the Necessary and Proper clause to be loosely interpreted to allow more power to Congress. Coined the term (created a new saying) Elastic Clause. During the Taney era, the Supreme Court’s rulings followed a more strict constructionist interpretation.
Powers Denied to Congress
Reserved Powers – belong to the ___________
Bill of Rights
Writ of habeas corpus
Bills of attainder
Ex post facto laws

8. Powers of Congress Legislative and Non-Legislative Legislative Powers
List here and explain on future slides/pages.
Taxing & Spending Power
Other Money Powers
Commerce Power
Foreign Policy Power
Providing for the Nation’s Growth
Other Legislative Powers

9. Congress: Taxing & Spending Powers
“power of the _______________”
Levy _____________
No government agency can spend $ w/o authorization (approval) from Congress.
Article I, Section _____ allows only one chamber to originate (write) ______________ bills to (define) ____________________________.

10. Congress: Taxing & Spending Powers (cont’d)
Authorizations bills _____________________
Article I, Section ___________
Usually come from President (_________ Branch)
Most in annual budget proposal from President
Taxing Powers used to:
Stimulate economy with tax cuts
Slow economic growth/inflation with higher taxes
Discourage harmful products thru excise taxes

11. Congress: Other Money Powers
Can issue bonds and Treasury notes to _______________ money. This increases the
_____________________ ______________.
Coin money
Regulate the value of currency
Punish counterfeiters
Establish standard weights and measures
Make laws about:
bankruptcy - ________________________________
Most are heard in federal court

12. Congress: Commerce Power
Gibbons v Ogden, 1824
Heart of Atlanta Motel v United States, 1964

13. Congress: Foreign Policy Power
Treaties
Declare War
War Powers Act
Create & Maintain Military Forces
Regulate Foreign Commerce

14. Congress: Providing for Nation’s Growth
Naturalization
Admitting new states, territories,
Federal Property

15. Congress: Other Legislative Powers
Copyright
Patent
Post Office
Federal Courts

16. Nonlegislative Powers
Choose a President
Electoral College
Succession
Twentieth Amendment
Twenty-Fifth Amendment
Removal Power (Impeachment)
Confirmation Power
Ratification Power
Amendment Power

17. Section 2 Investigations & Oversight
subpoena
Perjury
contempt
Watkins v United States, 1957
Chief Justice Earl Warren
immunity
Colonel Oliver North (Iran-Contra Affair)
Legislative Organization Act of 1970
1946 Employment Act
General Accounting Office (GAO)
legislative veto
Immigration and Naturalization Service v Chadha, 1983
Ethics in Government Act, 1978

18. Questions
Compare and contrast the rights of a witness in a Congressional Investigation to a Witness’s Rights in Court.
Identify the steps Congress can take if a witness pleads the Fifth Amendment and refuses to testify in a Congressional Investigation.
Explain how Congress can exercise its power of legislative oversight.
Identify three congressional investigations focused on the executive branch.

19. Section 3 Congress and the President
national budget
impoundment
President’s Emergency Powers & National Emergency Act
Congressional Budget Office (CBO)
line-item veto
Is it currently constitutional? Was it ever permitted? Explain how this changed throughout history and who exercised this power.

20. Questions
How has the structure/process of the American political system led to competition and conflict between the President and Congress?
Why has power shifted back and forth between the President and Congress over the years?
Use a graphic organizer (T Table + -) to show how Congress has gained and lost power.
Why do the different constituencies of the President and Congress cause conflict between the Executive and Legislative Branches?

21. The End Did you explain ALL of the items on the list?
Did you answer ALL of the questions?