Chapter 6—Development of Congressional Powers

  1. Constitutional powers
  2. Constitutional Provisions
  3. Article I, Section 8 Clauses 1-18—Expressed Powers (Enumerated powers)
  4. Clause 18—Necessary & Proper Clause (Elastic Clause)—implies that Congress has powers beyond those listed in the 1st 17 clauses.
  5. Strict Construction v. Loose Construction—Ex: Creation of 2nd Bank of the United states (1816)
  6. Denied Powers of Congress:
  7. Congress may not suspend the writ of habeas corpus—a court order to release a person accused of a crime to determine whether he/she has been illegally detained.
  1. Congress may not pass bills of attainder—laws that establish guilt & punish people without allowing them a trial.
  1. Congress may not pass ex post facto laws—laws that make crimes of acts that were legal when they were committed
  1. Congress may not tax exports.
  1. Legislative Powers
  2. The Power to Tax & Spend:
  3. Allows Congress to influence national policy because no government agency can spend money without congressional authorization
  4. Revenue Bills—laws for raising money—start ion the House & then go to the Senate
  5. Appropriation Bills—proposed laws to authorize spending—are requests from the executive branch
  6. Uses it to expand its powers to regulate spending:
  7. Congress often requires that local officials follow federal regulations as a condition of receiving federal money.
  8. Congress can also levy taxes to encourage or discourage use of a product. Ex: Heavy tax on cigarettes or tax breaks to farmers who use corn to make ethanol
  9. to regulate the economy.
  10. Cutting individual income tax—may encourage more spending
  1. Other Money Powers
  2. Congress can borrow money:
  3. by selling bonds---Most common way
  4. Congress has the power to coin money & regulate its value
  5. Congress can make laws on bankruptcy
  6. The Commerce Power (Article I, Section 8, Clause 3)
  7. It authorizes Congress to regulate foreign trade & interstate trade
  8. The Supreme Court has expanded this power by ruling that commerce goes beyond just buying & selling goods and services
  9. Broadcasting, banking & finance, air & water pollution, & civil rights come under Commerce
  10. Interstate commerce—Congress can regulate working conditions
  11. Gibbons v Ogden (1824)
  12. Heart of Atlanta Motel v. United States (1964)
  13. Foreign Policy Powers
  14. to approve treaties
  15. to declare war
  16. to create and maintain an army and navy
  17. to make rules governing land and naval forces
  18. to regulate foreign commerce (trade)

***Congress shares foreign policy & national defense responsibilities with the president*** Ex: War Powers Act (1973)

  1. Providing for the Nation’s Growth
  2. Congress has power over naturalization---the process by which immigrants become citizens
  3. Congress is authorized to admit states & pass laws to govern territories, military bases, national parks, & historic sites.
  1. Other Legislative Powers
  2. Granting of copyrights—the exclusive right to publish & sell a literacy, musical, artistic work
  3. Granting of patents---the exclusive right of an inventor to manufacture, use, & sell his/her invention.
  1. Non Legislative Powers
  2. The House chooses a president from 3 candidates with the most electoral votes if no candidate for president has a majority of the electoral votes. The senate chooses the vice president.
  3. Both houses of Congress must confirm the appointment when a president appoints a replacement for a vacancy in the office of vice president.
  4. The House has the power of impeachment—a formal accusation of misconduct in office
  5. 2/3rds vote of the Senate is required for conviction & removal
  6. The Senate has the power to approve presidential appointments to federal office
  7. The Senate has the power to ratify treaties between the United States & other nations
  8. Amendments to the Constitution may be proposed by 2/3rds vote of both houses
  1. Investigations & Oversight
  2. The Power to Investigate
  3. A standing committee or select committee may conduct investigations
  4. The committee’s staff members collect evidence & schedule witnesses.
  5. Congressional Investigations are NOT Trials, but committees have the power to:
  6. issue a supoena—a legal order that a person appear or produce requested evidence
  7. require witnesses to testify under oath
  8. Can be tried for perjury if they lie
  9. punish witnesses who refuse to testify by holding them in contempt—willful obstruction of Congress
  1. May be arrested & jailed

***The Supreme Court has ruled that Congress must respect witnesses’ constitutional rights, including the 5th Amendment right not to testify against oneself***

Congress has avoided this by offering witnesses immunity—freedom from prosecution for witnesses whose testimony ties them to illegal acts.

  1. Witnesses with immunity can be forced to testify against themselves. If they refuse, they can be held in contempt.
  1. Legislative Oversight—the power to review executive branch activities on an ongoing basis

1. Congressional Oversight Methods

  1. It requires executive agencies to report on their activities to the Congress
  2. Lawmakers to ask congressional support agency to study an executive agency’s work ex: General accounting Office
  3. The power of Congress to appropriate money---Reduce, expand or eliminate certain programs to the budget.
  4. Independent Counsel Law (Special Prosecutor)—It authorizes the House 7 Senate Judiciary committee to require the attorney general to investigate charges of criminal wrong doing by top official

1. Ex; Kenneth Starr---Impeachment of Bill Clinton

***Legislative Veto ruled unconstitutional in 1983 because it violated the Separation of Powers***

  1. Congress and The President
  2. Cooperation and Conflict

1. Presidents have found working with Congress difficult for the following reasons:

a. Constituents

  1. Members of Congress represent voters from a specific area, while the president represents all Americans

b. Checks & Balances

  1. This system gives Congress & the president the power to counteract each other.

c. Party Politics

1. Political differences affect the relationship when different parties control the White House & Congress Ex: 1996 Gridlock occurred

d. Organization

  1. Rules of procedure in Congress can be used to block legislation that the president supports
  2. Conflicts also occur when the president wants a bill approved & a committee tries to delay, revise, or defeat it.

e. Different political Timetables

  1. The President has 8 years to accomplish something while the Congressmen are not limited to two terms & do not want to act on legislation that may hurt their chances of getting reelected.
  1. The Struggle for Power

Presidents increased presidential powers as they deal with changing social, political, & economic conditions. Congress tried to regain lost power & gain new influence in the following ways:

  1. National Emergency Act
  2. President must notify Congress when they intend to declare a state of emergency. The state of emergency cannot last more than 1 year unless the president repeats the process. Congress may end the state of emergency at any time by passing legislation
  1. Congressional Budget & Impoundment Act (1974)
  2. Established a permanent budget committee in each house & created a Congressional Budget Office
  3. Limited the president’s power to impound funds (president’s refusal to spend money Congress has voted for a program
  4. Requires that the funds must be spent unless the president requests & both houses of Congress agree that the money not be spent.
  1. The Constitution provides for a presidential veto for entire bills. Many presidents have asked Congress for a line-item veto, enabling them to veto only certain items in a bill

a. 1996—Line Item Veto Act became law, but the Supreme Court declared it unconstitutional in 1998.