Development of Congressional

Powers

Chapter 6

Constitutional Powers

Section 1

Constitutional Provisions

Where are the legislative powers of Congress?

Article I, Section 8

Clauses 1-18

Elastic Clause

• - the right to make laws “necessary and proper” to carry out the powers expressed in the other clauses of Article I.

Congress has…

• Expressed/Enumerated Powers– Clauses 1-18

• Implied Powers– Comes from “necessary and proper

clause”• It implies that congress has powers

beyond the first 17.

Conflict in Congress

• Strict Interpretist – Congress should abide by the Constitution as it is written.

• Loose Interpretist – Congress should allow for and take liberties with the Constitution.

Power Denied to Congress

• Article I, Section 9• May not suspend the writ of habeas

corpus (a writ ordering a prisoner to be brought before a judge).

• Cannot pass bills of attainder (laws that establish guilt without allowing a trial).

• Passing ex post facto laws (laws that make crimes of acts that were legal when committed).

Legislative Powers

(Utmost Important)

Money Powers

Taxing and Spending

• “the power of the purse”– Levy taxes and provide for the general

welfare.• No government agency can spend

money without congressional authorization.

• Therefore…– Article I, Section 7 states that “All Bills for

raising Revenue shall originate in the House of Representatives.”

Appropriation

• Process of authorizing spending.• Not actually spelling out in

Constitution.• Most spending request come from

executive branch through the President’s budget.

Borrowing

• Bonds or Notes– Savings bonds– Treasury bills– Treasury notes

• National Debt– $14,280,686,139,435.36– As of 04/14/11– Source: http://www.treasurydirect.gov

http://www.usdebtclock.org/

The Commerce Power

• Article I, Section 8, Clause 3.• What is commerce?

– It is just more than buying and selling goods.

• Gibbons v. Ogden• Heart of Atlanta Motel v. United States

Foreign Policy

• Approve treaties.• Declare war.• Create and maintain army and

navy.• Make rules governing land and

naval forces.• Regulate foreign commerce.

Trivia• The U.S. has only declared war 5

times. What are they?

War of 1812

Mexican War

Spanish-American War

World War I

World War II

Other Legislative Powers…

• Naturalization• New state and territories.

– Guam, Virgin Islands, Wake Islands• Federal property.

– National Parks, National Monuments.• Copyright

– Lifetime plus 50 years• Patent

– 17 years and renewable

Nonlegislative Powers

• Power to choose a president. – If no candidate has a majority (House)

• From top three– Vice-President (Senate)

• From top two

• Has happened only twice:– 1800 – Thomas Jefferson over Aaron

Burr– 1824 – John Quincy Adams over

Andrew Jackson

• Removal Power– Article I, Section 2 and 3– Impeachment – formal accusation of

misconduct.• House impeaches• Senate tries the case.• Requires 2/3 vote.

• Confirmation Power– Approve presidential appointments of

federal officials.• Ratification Power

– Article II, Section 2– Treaties between U.S. and other nations.– 2/3 vote of senators.

• Amendment Power– 2/3 vote to propose.

Investigations and

Oversight

Section 2

What are the four categories of congressional powers?

Two New Powers…

Investigative

• Done by standing committee or select committee.

• May be done for many reasons.– Congressional investigations - general– Special investigations – low-key

investigations into practices not intended by law or expenditures not justified.

• Often have a double-edged sword – leads to legislation but often damages peoples reputations.

Words You Need to Know…• Subpoena – legal order

requiring a person to appear in court or produce documents.

• Perjury – lying under oath.

• Contempt – willful obstruction of the court.

• Immunity – freedom from prosecution in exchange for testimony.

Legislative Oversight

• Continuing review of how effectively the executive branch carries out the laws that are passed by Congress.

• Perfect example of checks and balances.

• Two laws that define legislative oversight:– Legislative Reorganization Act of 1946

• “Continuous watchfulness”– Legislative Reorganization Act of 1970.

• “Each standing committee shall review and study, on a continuing basis, the application, administration, and execution” of laws in areas of its responsibility.

Inconsistent Oversight

• Lawmakers do not have enough staff, time or money to keep track.

• Lawmakers know there are not many votes to be gained through oversight, unless there is scandal.

• Vague language of the law can be hard to judge the detailed meaning.

• Committees sometimes become too familiar and friendly with the agencies they oversee.

Ways Oversight is Conducted

• Agencies to submit reports.• Annual budget reports from the

president.– Budget review gives Congress chance to

shape public policy through expansion, reduction or elimination of programs.

• Legislative veto – provisions that allow Congress to review and cancel the actions of executive agencies.

Congress and the President

Section 3

Tift for Taft

• President can veto Congress and Congress can veto the President.

• Requires 2/3 vote in each house.

Conflicts are Inevitable

• Because constituents elect Congresspersons who represent their wants and because there are a variety of wants around the country, conflict will happen!!!

Let’s Get It Together!!!

• Because Congress can delay, revise, or defeat a presidential proposal by keeping it in committee for great lengths of time, by extending debate upon it, or by having committee chairpersons use their influence against it.

Does time mean anything to you???

• Political Timetable are Different.• Presidents have a limited time to

accomplish their goals. Congress-persons have an unlimited amount of time. – Stall tactics may be used.

• Congresspersons may also have a different agenda than the president.

Political Darwinism

Congressional Efforts to Curb Executive Power

• National Emergencies Act

• Budget Impoundment and Control Act

National Emergencies Act

• 1976.• A president must notify Congress when

intending to declare a national emergency..

• Cannot be longer than one year.• Majority vote of Congress can override

provisions of emergency declarations.

Budget Impoundment and

Control Act

• 1974.• Established permanent budget

committees in both houses.• Established the C.B.O.• Limits president’s ability to impound

funds (refusal to spend money on programs that Congress has voted on).

Yadda Yadda Yadda• Veto Powers

– Legislative Veto – allows Congress to cancel actions of executive branch.• Immigration and Naturalization Service v.

Chadha (1983) – one-house veto unconstitutional

– Line-item Veto – Passed in 1996 it allows the president to veto certain provisions of a budget.• To override, Congress would have to pass

a free standing bill.• Clinton v. City of New York (1998) -

Unconstitutional