GOVERNMENT CH. 6

CONGRESSIONAL POWERS

ESSENTIAL QUESTION

• WHAT POWERS DID THE CONSTITUTION GIVE TO CONGRESS, AND HOW HAVE THESE DEVELOPED OVER TIME? 

The One Hundred and Fourteenth United States Congress is the current meeting of the legislative branch of the United States federal government, composed of the United State Senate and the United States House of Representatives. It is scheduled to meet in Washington, D.C. from January 3, 2015 to January 3, 2017, during the final two years of Barack Obama's presidency.

SECTION 1: CONSTITUTIONAL POWERS• THE CONSTITUTION DESCRIBES THE LEGISLATIVE POWERS OF

CONGRESS IN ARTICLE I, SECTION 8, CLAUSES 1-18:

• EXPRESSED POWERS/ENUMERATED

• THE LAST CLAUSE ALLOWS CONGRESS TO DO WHATEVER IS “NECESSARY AND PROPER” TO CARRYOUT ITS OTHER POWERS.

• NECESSARY AND PROPER CLAUSE- OR THE ELASTIC CLAUSE

• THESE IMPLIED POWERS, ALLOWS CONGRESS TO EXPAND ITS ROLE MEETING THE NEED OR THE NATION.

• BATTLE OVER STRICT CONSTRUCTION V. LOOSE CONSTRUCTION- HOW TO INTERPRET THE CONSTITUTION

CONFLICTING INTERPRETATIONS

• CONFLICTS OVER WHAT IS “NECESSARY AND PROPER” LEGISLATION IS 1819, IS OFTEN RESOLVED BY THE SUPREME COURT:

• E. G. 1ST MAJOR CONFLICT MCCULLOCH V. MARYLAND-

• WHEN THE SECOND BANK OF US WAS CREATED IN 1816, STRICT CONSTRUCTIONIST SAID CONGRESS HAD NO RIGHT TO CHARTER A BANK

• THE SUPREME COURT GRANTED IMPLIED POWERS GRANTED

• FEDERAL BANK WAS ABLE TO OPERATE

CONFLICTING INTERPRETATIONS

• POWERS DENIED—POWERS OF CONGRESS ARE LIMITED

• THE BILL OF RIGHTS

• MAY NOT SUSPEND WRIT OF HABEAS CORPUS—A COURT ORDER TO RELEASE A PERSON ACCUSED OF A CRIME TO A COURT TO DETERMINE WHERE SHE/HE HAS BEES LEGALLY DETAINED.

• MAY NOT PASS BILLS OF ATTAINDER—LAWS THAT ESTABLISH GUILT AND PUNISH PEOPLE WITHOUT A TRIAL.

• CANNOT PASS EX POST FACTO LAWS—THEY CANNOT MAKE AN ACT CRIMINAL THAT WAS LEGAL WHEN IT WAS COMMITTED.

LEGISLATIVE POWERS

• CONGRESS HAS LEGISLATIVE POWERS, IT HAS EXPANDED ITS POWERS AS THE NATION HAS GROWN:

• ITS MOST SIGNIFICANT EXPANSION OF POWER IS THE CONTROL OVER THE ECONOMY—TAXING, SPENDING, AND REGULATING COMMERCE• ITS MOST IMPORTANT POWER IS THE LEVYING OF TAXES TO

PROVIDE GENERAL WELFARE.

• IT INFLUENCE POLICY –NO AGENCY CAN SPEND MONEY WITHOUT ITS CONSENT.

• APPROPRIATIONS BILLS- LAWS PROPOSED TO AUTHORIZE SPENDING ARE NOT EXPRESSED IN THE CONSTITUTION,

• NATIONAL DEBT ALLOWED

• BANKRUPTCY LAWS

LEGISLATIVE POWERS

• COMMERCE POWERS

• REGULATE FOREIGN AND INTERSTATE COMMERCE

• GIBBONS V. OGDEN- FED POWERS ENHANCED UNDER COMMERCE

• MILITARY AND FOREIGN POWERS

• DECLARE WAR

• RAISE, SUPPORT, AND REGULATE AN ARMY AND NAVY

• DRAFT AND REGULATE NATIONAL GUARD

• PUNISH ACTS ON INTERNATIONAL WATERS AND LAWS OF NATIONS

CONSTITUTIONAL POWERS

• NATURALIZATION LAWS

• POST OFFICES AND POST ROADS

• COPYRIGHTS AND PATENTS

• CREATE LOWER FEDERAL COURTS

• GOVERN WASHINGTON

• PROVIDE FOR LAWS NECESSARY AND PROPER FOR CARRYING OUT ALL OTHER LISTED POWERS.

NON-LEGISLATIVE POWERS

• CHOOSE A PRESIDENT

• REMOVAL POWER- HOUSE IMPEACHES, FORMAL ACCUSATION, SENATE TRIES THE CASE

• CONFIRMATION POWER- SENATE CONFIRMS PRESIDENTIAL APPOINTMENTS

• RATIFICATION POWER- TREATIES

• AMENDMENT POWER