Government Chapter 6 Lecture Notes

Development of Congressional Powers

Section 1: Congressional Membership

DID YOU KNOW: Congress sometimes exercises more than one of its powers at the same time. In 1933 after several months of heated debate, the Senate approved the North American Free Trade Agreement (NAFTA). This treaty with Canada, andMexico ended trade barriers between those nations and the United States. In approving NAFTA, the Senate was carrying out its treaty power in foreign affairs as well as its power to regulate foreign commerce;

I. Constitutional Provisions(pages 157- 158)

  1. The “necessary and proper” clause of the Constitution enables Congress to expand its power.
  2. Conflicting interpretations of the elastic clause are reflected in Supreme Court rulings on the power of Congress.
  3. The powers of Congress are limited by the Bill of Rights and the Constitution

Explain how Congress has used its taxing and spending power to expand its authority.

II. Legislative Powers (pages158-163, continued)

A. The power to levy taxes and appropriate money is one of Congress’s

most important powers.

B. Congress has the power to borrow money, to coin money, and to make

laws regarding bankruptcy.

C. Congress has the power to regulate foreign and interstate commerce.

D. Congress has important powers in foreign policy and national defense,

such as the power to approve treaties, to declare war, and to create and

maintain an army and a navy.

  1. Congress has power over naturalization of citizens and the admission of

new states to theUnion.

  1. Congress has the power to grant copyrights and patents and the power

to establish federal courts and a post office.

Explain how Congress has used its taxing and spending power to expand its authority.

III. Non-legislative Powers (pages 163-165)

  1. If no presidential candidate has a majority of the electoral votes, the

House of Representative chooses the president from the top three

candidates; if no vice presidential candidate has an electoral vote

majority, the Senate chooses the vice president from the top two

candidates.

  1. Congress has the power to settle problems arising from the death of

candidates or the president’s incapacity or resignation.

  1. Congress has the power to remove officials of the executive or judicial

branches from office by the process of impeachment.

D. The Senate has the power to approve officials appointed by the

president.

E. The Senate ratifies treaties between the United States and other nations.

Congress shares with state legislatures the power to propose and ratify

constitutional amendments.

Do you think Congress might sometimes abuse its power to impeach high officials? Explain.

Section 2: Investigations & Oversight

DID YOU KNOW? Both houses of Congress sometimes investigate the same thing at the same time. The Senate Governmental Affairs Committee held hearing for several months in 1997 to investigate President Clinton’s campaign finances in the 1996 election. At the same time, the House Government Oversight Committee conducted its own investigation into fund-raising by the president and the Democratic National Committee in that same election.

I. The Power to investigate (pages 167-169)

A. Standing committees or select committees of Congress investigate the

conduct and ethics ofgovernment officials and members of Congress.

B. Investigations have a variety of consequences that range from proposing

new legislation toremoving officials from office.

C. Congressional investigations collect evidence, subpoena witnesses, and

grant witnesses immunity, but they are not trials.

The Fifth Amendment protects individuals from being forced to testify against themselves. Yet Congress may grant witnesses immunity, in order to obtain testimony. Do you agree or disagree with this practice by Congress? Explain.

II. Legislative Oversight(pages 169-171)

  1. Congress uses the power of legislative oversight to weigh how well the

executive branchcarries out the laws enacted by Congress.

  1. The Legislative Reorganization Acts of 1946 and 1970 require Congress

to review and study, on a continuing basis, how the laws under its

responsibility are administered, applied, and executed.

  1. Realistically, however, Congress cannot effectively monitor every action

of the executive branch; it does not have enough staff, time, or money to

do so.

  1. Congress uses its legislative oversight to require executive agencies to

submit reports on their activities, to review those agencies to monitor the

executive agencies’ finances.

  1. When Congress suspects wrongdoing, special investigations or even the

threat of such investigations act as a strong deterrent to defying the

intent of Congress.

Why do you think Congress carries out its legislative oversight in an inconsistent way?

Section 3: Congress & the President

DID YOU KNOW? The Watergate scandal in 1973 marked the end of a long, bitter struggle between Congress and the President. By then, relations between a Republican president and a Democratic-controlled Congress were seriously strained. President Nixon had refused to spend funds appropriated by Congress to carry out its programs. But when Congress passed bills to end this practice, Nixon vetoed them. Angry members of Congress charged that Nixon had established an “imperial presidency.”

I. Cooperation and Conflict (pages 172-174)

A.The members of Congress represent local, more narrow interests than

thepresident, and therefore their ideas often differ from the president’s.

B.The constitution’s system of checks and balances may cause conflicts

between the legislative and the executive branches.

C. Partisan differences can affect relations between Congress and the

president.

D. The organization of Congress and its procedures may cause conflicts

with the president.

E. Members of Congress often serve in government longer than any

president and may resist the president’s timetable for enacting laws.

What do you think might be done to help end the “gridlock” that sometimes occurs between Congress and the president?

II. The Struggle for Power (pages 174-176)

A.Throughout the nation’s history, the balance of power has shifted back and forth between Congress and the president.

B. Congress can limit or end the emergency powers it has granted the president.

C. Congress has reduced the president’s power in planning the budget and spending money that Congress has appropriated.

D. The Congressional Budget and Impoundment Control Act of 1974

established permanent budget committees for each house, created the

Congressional Budget Office (CBO), and limited the president’s ability

to impound funds.

E. The Congressional Budget Office provides financial experts to help

Congress increase its role in planning the budget.

  1. Congress no longer uses the legislative veto but still seeks to ensure that

the president carries

out its intent in executing laws.

G. In 1995 congress authorized the line-item veto for the president to veto

specific spending items in appropriation bills. In 1998 the Supreme

Court declared the line-item veto to be unconstitutional.

Why did Congress finally act in 1976 to end the emergency powers it had granted the president in 1935?

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