Chapter 6—Development of Congressional Powers
Constitutional powers
Constitutional Provisions
Article I, Section 8 Clauses 1-18—Expressed Powers (Enumerated powers)
Clause 18—Necessary & Proper Clause (Elastic Clause)—implies that Congress has powers beyond those listed in the 1st 17 clauses.
Strict Construction v. Loose Construction—Ex: Creation of 2nd Bank of the United states (1816)
Denied Powers of Congress:
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.
Congress may not pass bills of attainder—laws that establish guilt & punish people without allowing them a trial.
Congress may not pass ex post facto laws—laws that make crimes of acts that were legal when they were committed
Congress may not tax exports.
Legislative Powers
The Power to Tax & Spend:
Allows Congress to influence national policy because no government agency can spend money without congressional authorization
Revenue Bills—laws for raising money—start ion the House & then go to the Senate
Appropriation Bills—proposed laws to authorize spending—are requests from the executive branch
Uses it to expand its powers to regulate spending:
Congress often requires that local officials follow federal regulations as a condition of receiving federal money.
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
to regulate the economy.
Cutting individual income tax—may encourage more spending
Other Money Powers
Congress can borrow money:
by selling bonds---Most common way
Congress has the power to coin money & regulate its value
Congress can make laws on bankruptcy
The Commerce Power (Article I, Section 8, Clause 3)
It authorizes Congress to regulate foreign trade & interstate trade
The Supreme Court has expanded this power by ruling that commerce goes beyond just buying & selling goods and services
Broadcasting, banking & finance, air & water pollution, & civil rights come under Commerce
Interstate commerce—Congress can regulate working conditions
Gibbons v Ogden (1824)
Heart of Atlanta Motel v. United States (1964)
Foreign Policy Powers
to approve treaties
to declare war
to create and maintain an army and navy
to make rules governing land and naval forces
to regulate foreign commerce (trade)
***Congress shares foreign policy & national defense responsibilities with the president*** Ex: War Powers Act (1973)
Providing for the Nation’s Growth
Congress has power over naturalization---the process by which immigrants become citizens
Congress is authorized to admit states & pass laws to govern territories, military bases, national parks, & historic sites.
Other Legislative Powers
Granting of copyrights—the exclusive right to publish & sell a literacy, musical, artistic work
Granting of patents---the exclusive right of an inventor to manufacture, use, & sell his/her invention.
Non Legislative Powers
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.
Both houses of Congress must confirm the appointment when a president appoints a replacement for a vacancy in the office of vice president.
The House has the power of impeachment—a formal accusation of misconduct in office
2/3rds vote of the Senate is required for conviction & removal
The Senate has the power to approve presidential appointments to federal office
The Senate has the power to ratify treaties between the United States & other nations
Amendments to the Constitution may be proposed by 2/3rds vote of both houses
Investigations & Oversight
The Power to Investigate
A standing committee or select committee may conduct investigations
The committee’s staff members collect evidence & schedule witnesses.
Congressional Investigations are NOT Trials, but committees have the power to:
issue a supoena—a legal order that a person appear or produce requested evidence
require witnesses to testify under oath
Can be tried for perjury if they lie
punish witnesses who refuse to testify by holding them in contempt—willful obstruction of Congress
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.
Witnesses with immunity can be forced to testify against themselves. If they refuse, they can be held in contempt.
Legislative Oversight—the power to review executive branch activities on an ongoing basis
1. Congressional Oversight Methods
It requires executive agencies to report on their activities to the Congress
Lawmakers to ask congressional support agency to study an executive agency’s work ex: General accounting Office
The power of Congress to appropriate money---Reduce, expand or eliminate certain programs to the budget.
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***
Congress and The President
Cooperation and Conflict
1. Presidents have found working with Congress difficult for the following reasons:
a. Constituents
Members of Congress represent voters from a specific area, while the president represents all Americans
b. Checks & Balances
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
Rules of procedure in Congress can be used to block legislation that the president supports
Conflicts also occur when the president wants a bill approved & a committee tries to delay, revise, or defeat it.
e. Different political Timetables
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.
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:
National Emergency Act
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
Congressional Budget & Impoundment Act (1974)
Established a permanent budget committee in each house & created a Congressional Budget Office
Limited the president’s power to impound funds (president’s refusal to spend money Congress has voted for a program
Requires that the funds must be spent unless the president requests & both houses of Congress agree that the money not be spent.
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.
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