Congress and the Legislative Process Chapter 6-7 Coach Lott

Constitutional Powers Article 1, Section 8 of the Constitution spells out the powers of Congress. Congress has “expressed powers”, or enumerated powers – those spelled out in the Constitution. Congress has “implied powers” – powers the government needs to carry out the expressed constitutional powers – from the “necessary and proper clause” which is the last paragraph of Article 1, Section 8. (Clause 18

Powers Denied Congress has some powers denied. On important constitutional limit on congressional power is the Bill of Rights. They may not suspend a writ of habeas corpus – a court order to release a person accused of a crime to court to determine whether he or she has been legally detained.

Powers Denied Congress can not pass bills of attainder – laws that establish guilt and punish people without allowing them a trial. Congress is also prohibited from passing ex post facto laws, which are laws that make crimes of acts that were legal when they were committed. Article I, Section 9, also denies several other powers to Congress, among them the power to tax exports.

Legislative Powers Taxing & Spending Powers Congress can levy taxes and provide for the general welfare of the country. Revenue bills – laws for raising money – start in the House and move to the Senate. (See Article I, Section 7) “All bills for raising revenue shall originate in the House of Representatives.”

Taxing & Spending Appropriations Bills proposed laws to authorize spending money – have been developed through usage because the process is not spelled out in the Constitution. Spending requests generally come from the executive branch. Most are presented to Congress in the president’s annual budget proposal.

Other money powers… Congress has to borrow money to pay for the cost of government. The most common way is through gov’t bonds/securities. When people buys bonds/Treasury bills, they are lending money to the gov’t, in exchange for interest to be paid at the end of a specified amount of time (3-30 years) Congress controls national debt, which is the amount of money the gov’t owes at a given time. The Constitution gave Congress the power to coin money. All money issued by the federal gov’t is legal tender (meaning it must be accepted as payment. Congress is also given the power to punish counterfeiters—people who print postage stamps, paper money illegally.

Commerce Power Congress controls interstate commerce – trade between the states. Over the years, they have interpreted this to mean more than just buying and selling of goods. Any widespread activity that can possibly be considered interstate commerce is subject to federal control. Ex: Minimum wage: Congress requires that businesses engaged in interstate commerce pay their employees a minimum wage. Almost all companies deal in some way with someone in another state. Ex: 1964 Civil Rights Act , 2010 Affordable Care Act

Foreign Policy Powers In the area of foreign policy, Congress approves treaties, declares war, creates and maintains an army and navy, rule government land and naval forces, and regulates foreign trade. Congress shares the power in the areas of foreign policy and national defense with the President.

National Defense Congress has declared war only 5 times, but the President has used military force over 200 times in other nations. Congress passed the “War Powers Act” in 1973. It forbids the President to commit American forces to combat for more than 60 days without Congressional notification within 48 hours. Presidents have protested the constitutionality of this law.

Providing for the Nation’s Growth Congress has power over naturalization – the process by which immigrants become citizens. Congress can also pass laws to control any territories, admit new states, and control federal properties.

Other powers Congress can grant patents – the exclusive right of an inventor to manufacture, use, and sell their invention for a specified period of time - and copyrights – the exclusive right to publish and sell any literary, musical, or artistic work for a specified period of time.

Power to choose a president: If no candidate has a majority of votes in the electoral college; the House chooses a president from the 3 candidates with the most electoral votes. Each state’s House delegation has 1 vote. The Senate, by majority vote, chooses the VP from the 2 candidates with the most electoral votes.

Other Powers The Senate has the power to approve presidential appointments of federal officials. (Presidential cabinet officials, military posts and Supreme Court nominees generally receive the most scrutiny. Article II, Section 2 gives the Senate exclusive power to ratify treaties between the US and other nations. In order to ratify, 2/3 of the senators present must vote for it. Congress and state legislatures share the power to propose amendments. Amendments may be proposed by 2/3rds vote of each House or by a convention called by the legislatures of both states

Power to Impeach Congress can also remove any federal official from office. The House has the power of impeachment – a formal accusation of misconduct in office. If a majority of the House votes to impeach, the Senate conducts the trial. The Chief Justice of the Supreme Court presides over the trial in the Senate. If 2/3’s vote to convict, the president will be removed from office.

Andrew Johnson Johnson was a Democrat and wanted to be lenient to the South after the Civil War. Congress was controlled by Republicans who wanted to punish the South. Basically, Johnson was impeached because Congress did not like how he was managing Reconstruction. Johnson was impeached (in the House) but was not convicted by the Senate. (By 1 vote)

Richard Nixon Richard Nixon was in hot water over the Watergate Scandal. Investigators had filed 27 impeachment charges against Nixon but he resigned before the House could vote to impeach him.

Bill Clinton Clinton was a democrat who was impeached by the Republican majority House on one perjury charge and one charge of obstruction of justice. The trial in the Democratic led Senate did NOT vote to convict Clinton.