1. Constitutional Powers

2. Constitutional Provisions
Expressed powers: the legislative powers of Congress as described in Article 1 of the Constitution
Necessary and proper clause: Congress has power to make all laws that are ‘necessary and proper’ for carrying out its duties
Also known as the elastic clause b/c allows Congress to expand its role to meet the needs of a growing nation
Implied powers: powers that gov’t requires to carry out the expressed constitutional powers

3. Conflicting Interpretations
Supreme Court has often been the site of conflict over what exactly is “necessary and proper” legislation
Strict constructionist (interpretation) of the Constitution vs. loose constructionist

4. Powers Denied Powers of Congress are limited
Constitutional limit of Congress’ power is the Bill of Rights
Examples:
Congress cannot suspend writ of habeas corpus- court order to release a person accused of a crime to court to determine whether they have been legally detained
Congress cannot pass bills of attainder- laws that est guilt and punish people without a trial
Congress cannot pass ex post facto laws- laws that make crimes of acts that were legal when they were committed

5. Legislative Powers

6. Taxing & Spending Power
Power to levy (create) taxes for the general welfare of the country
Allows Congress to influence national policy because no gov’t agency can spend money without congressional authorization
Revenue bills: laws for raising money
Appropriations bills: proposed laws to authorize spending money
Not spelled out in Constitution but developed through usage
Most spending requests today come from the president in the annual budget proposal

7. Other Money Powers
Congress can borrow money to help pay for cost of government
Done in many ways but most popular through sale of savings bonds or Treasury notes
Any money borrowed becomes part of the national debt
Congress can coin money and regulate its value
Congress can make laws concerning bankruptcy
Cases are heard in federal courts

8. Commerce Power
Commerce clause of the Constitution authorizes Congress to regulate foreign and interstate commerce
Definition of ‘commerce’ has been expanded to give Congress even greater power
Broadcasting, banking, air and water pollution
Congress has used interstate commerce to set policy in other areas
Example: Congress requires businesses that engage in interstate commerce pay minimum wage
Because all businesses deal with another state in some way this enables Congress to regulate working conditions across the nation

9. Foreign Policy Powers
Congress can approve treaties, declare war, create and maintain an army/navy and regulate foreign commerce
Congress shares foreign policy and national defense responsibilities with the president
Congress has declared war only 5 times but the president has used military force on more than 160 occasions
Korean and Vietnam Wars fought without declaration of war
After Vietnam Congress decided the Constitution never intended for president to involve nation in undeclared war- so 1973 passed the War Powers Act
Law forbids president to commit American forces to combat for more than 60 days without congressional notice within 48 hours

10. Providing for the Nation’s Growth
Congress has power over naturalization- immigrants becoming U.S citizens
Congress can admit new states and and pass laws needed to govern a territory
Congress can pass laws to govern federal property
Military bases, government buildings, national parks, historic sites and public lands

11. Other Legislative Powers
Congress can grant copyrights and patents
Congress can establish post offices an federal courts

12. The Power to Investigate

13. The Investigation Process
A standing or select committee of congress may conduct investigations
Committee staff members may travel around the country collecting evidence and witnesses
Investigations may have a variety of consequences
Many times they lead to new legislation to deal with a problem
Changes in government programs
Removal of officials in office

14. Congressional Powers and Witness Rights
Congressional committees have the power to subpoena
Subpoena: legal order that a person appear or produce requested documents
Witnesses who do not tell the truth can be criminally prosecuted for perjury
Perjury: lying under oath
Committees may punish those who refuse to testify or are uncooperative by holding them in contempt
Contempt: willful obstruction of Congress
Watkins v. U.S (1957): Congress must respect witness’ Constitutional rights just as a court does
Congress can grant immunity to witnesses and require them to testify about illegal activities in which they’re involved
Immunity: freedom from prosecution for witnesses whose testimony ties them to illegal acts

15. Congress and the President

16. Congress and the President
Level of cooperation between the president and Congress has varied throughout the years
Historically, the best relationship between the two branches occurs when the president makes few demands on Congress
Example: Eisenhower in the 1950s
Those who propose major new programs usually face more conflict
Example: Obamacare

17. How a Bill Becomes a Law

18. Two Types of Bills Deal with individual people or places
Private Bills
Public Bills
Deal with individual people or places
Often involve people’s claims against the government or immigration problems
Deal with general matters and apply to the entire nation
May involve issues dealing with taxes, insurance, gun control, civil rights or abortion

19. Concurrent Resolution
Types of Resolutions
Covers matters affecting only one house of Congress and is passed by that house alone
Simple Resolution
Both houses pass and the president’s signature gives it the force of law
May correct an error in an earlier law or appropriate money for a special purpose
Joint Resolution
Covers matters requiring the action of the House and the Senate but on which a law is not needed
Example: setting the date of adjournment for Congress
Both houses must pass, does not require presidential signature and does not have force of law
Concurrent Resolution

20. Why So Few Bills Become Laws
Less than 5% of all bills introduced in Congress become public laws
Reasons: 1.
The lawmaking process is long and complicated-100 specific steps may be involved in passing a law 2.
Bills need significant support from lawmakers and interest groups-compromise is the only way to get support 3.
Lawmakers may introduce a bill they know will never become a law just to gain media attention 4.
Bill may be introduced to show lawmakers are trying to solve a problem and avoid criticism- when bill does not move forward they can blame a committee or other lawmakers

21. Vetoing Bills
Veto: president refuses to sign the bill and returns it to the house in Congress where it originated
President includes reasons why he/she chose to veto
Pocket veto: president kills a bill passed during the last 10 days Congress is in session by simply refusing to act on it
Because Congress is no longer in session it cannot override the veto and the bill dies

22. Influencing Congress

23. Influence on Lawmakers
Influence of Voters
Influence of Parties
Voters say they want their lawmakers to follow constituents wishes on issues and enact laws
Want needs of their district ahead of the needs of the nation
Voting record- helps keep transparency
Lawmakers will visit their districts back home to figure out the issues
Republican v. Democrats
Vote along party’s beliefs/platform
Seek advice on how to vote from fellow party members

24. Other Influences on Congress
Influence of the President
Influence of Interest Groups
Want the laws he and his party support passed
Argue that president has more way to influence Congress than lawmakers
Media: news, radio, internet
Lobbyists: representatives of interest groups
Lobbying: trying to convince members of Congress to support policies favored by their groups
Large, powerful lobbies have their own buildings and full-time professional staffs in the nation’s capital
Meet with lawmakers, encourage citizens to write to their Congressman