1. Development of Congressional Powers Chapter 6

2. I. Constitutional Powers: Article I implies the Framers wanted Congress to play the central role in governing the nation A. Overview A. Overview 1. Legislative powers: make bills and laws that represent the people a. expressed powers (enumerated powers) a. expressed powers (enumerated powers) b. “necessary and proper” b. “necessary and proper” -let Congress expand its role (elastic clause)

3. EXPRESSED POWERS borrow money regulate commerce with foreign nations, and among the several states, and with the Indian tribes establish a uniform rule of naturalization uniform laws on the subject of bankruptcies coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures provide for the punishment of counterfeiting establish post offices and post roads promote the progress of science and useful arts, securing authors and inventors the exclusive right to their respective writings and discoveries constitute tribunals inferior to the Supreme Court define and punish piracies and felonies committed on the high seas, and offenses against the law of nations declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water raise and support armies, but no appropriation of money to that use shall be for a longer term than two years provide and maintain a navy make rules for the government and regulation of the land and naval forces provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress Rule D.C. necessary and proper

4. 2.Conflicting Interpretations a.“strict construction” (interpretation) vs. “loose construction” a.“strict construction” (interpretation) vs. “loose construction” b. Which give states more power??? b. Which give states more power??? 3.Powers Denied a. Reserved Powers (states rights) a. Reserved Powers (states rights) Police Powers, Education, Intrastate commerce b. Others b. Others -suspend the writ of habeas corpus: wrong person -pass bills of attainder: guilt w/o trial -pass ex post facto laws: not illegal when committed.

5. B. Legislative Powers: most significant function B. Legislative Powers: most significant function 1. The Taxing and Spending Power a. “power of the purse” a. “power of the purse” b. “All bills for raising Revenue shall originate in the House of Representatives” b. “All bills for raising Revenue shall originate in the House of Representatives” c. Appropriations bills are proposed laws to authorize spending money c. Appropriations bills are proposed laws to authorize spending money d. Regulatory powers (tied to commerce) d. Regulatory powers (tied to commerce) 2. Other Money Powers a. borrow money to pay for the cost of government a. borrow money to pay for the cost of government b. National debt b/c it needs to borrow to meet expenses b. National debt b/c it needs to borrow to meet expenses c. Why can’t states borrow money???? c. Why can’t states borrow money????

6. 3. The Commerce Power a.commerce clause (interstate) a.commerce clause (interstate) b. Gibbons v. Ogden (1824): b. Gibbons v. Ogden (1824): -Steamboats in New York -Interstate Commerce c. SC has expanded definition and granted Congress more power c. SC has expanded definition and granted Congress more power d. Uses its power over interstate commerce to set policy in other areas: d. Uses its power over interstate commerce to set policy in other areas: - Heart of Atlanta Motel v. United States (1964): landmark Civil Rights Act that prohibited discrimination in places of public accommodation

7. 4. Foreign Policy Powers a. Approve treaties a. Approve treaties b. Declare war b. Declare war c. Create and maintain an army and navy c. Create and maintain an army and navy d. Make rules governing land and naval forces d. Make rules governing land and naval forces e. Regulate foreign commerce e. Regulate foreign commerce f. Shares FP and national defense powers w/ the president f. Shares FP and national defense powers w/ the president g. 1973 War Powers Act g. 1973 War Powers Act

8. 5. Providing for the Nations Growth a. naturalization a. naturalization b. admit new states and pass laws needed to govern any territories b. admit new states and pass laws needed to govern any territories c. laws to govern federal property c. laws to govern federal property 6. Other Legislative Powers a. grant copyrights and patents a. grant copyrights and patents b. establish a post office and federal courts b. establish a post office and federal courts

9. C. Non-legislative Powers: C. Non-legislative Powers: 1. The Power to Choose a President a. Joint session of Congress to count the Electoral College votes a. Joint session of Congress to count the Electoral College votes 2. The Removal Power a. Remove any federal official from office a. Remove any federal official from office b. House of Representatives has exclusive power over impeachment (formal accusation of misconduct in office) b. House of Representatives has exclusive power over impeachment (formal accusation of misconduct in office) c. Senate tries the case. c. Senate tries the case.

10. 3. The Confirmation Power a. Senate has power to approve presidential appointments of federal officials a. Senate has power to approve presidential appointments of federal officials 4. The Ratification Power a. Senate the exclusive power to ratify treaties between the US and other nations a. Senate the exclusive power to ratify treaties between the US and other nations 5. The Amendment Power a. Congress and state legislatures share power to propose amendments a. Congress and state legislatures share power to propose amendments b. All amendments have started in Congress b. All amendments have started in Congress

11. II. Investigations and Oversight: inherent (not mentioned in the Constitution) A. The Power to Investigate: neither granted nor denied by the Founders A. The Power to Investigate: neither granted nor denied by the Founders 1. The Investigation Process a. done by Standing or Select committee a. done by Standing or Select committee b. reasons for Congressional investigations vary b. reasons for Congressional investigations vary c. consequences of investigations: c. consequences of investigations: - lead to new legislation to deal with problems - changes in government programs 2. Congressional Powers and Witness Rights a. congressional investigations are not trials but like courts a. congressional investigations are not trials but like courts b. congressional witnesses had few rights b. congressional witnesses had few rights c. Watkins v. United States (1957): SC ruled that Congress has to respect witnesses constitutional rights just as courts do c. Watkins v. United States (1957): SC ruled that Congress has to respect witnesses constitutional rights just as courts do

12. B. Legislative Oversight: review of how effectively the executive branch carries out the laws Congress passes B. Legislative Oversight: review of how effectively the executive branch carries out the laws Congress passes 1. The Practice of Legislative Oversight a. checks and balances: a. checks and balances: 2. Limits on Legislative Oversight a. used inconsistently: “pass it and forget it” lawmaking a. used inconsistently: “pass it and forget it” lawmaking b. reasons: b. reasons: - not enough staff, time or - hard to determine if the EB is doing its job - lawmakers and agency officials become friends

13. 3. Congressional Limits on Executive Activities a. oversight is executed in several ways a. oversight is executed in several ways - executive agencies required to submit reports - congressional support agencies study executive agencies - appropriate funds: review budget of all EB agencies 4. Independent Counsel a. 1978 Ethics in Government Act: make sure charges of wrongdoing by government officials are reviewed fairly a. 1978 Ethics in Government Act: make sure charges of wrongdoing by government officials are reviewed fairly - special prosecutor called independent counsel b. 1999 Congress let the law expire and gave sole power back to Attorney General b. 1999 Congress let the law expire and gave sole power back to Attorney General