Constitutional Powers

Constitutional Provisions Expressed powers: the legislative powers of Congress as described in Article 1 of the Constitution Necessary and proper clause: Congress has power to make all laws that are ‘necessary and proper’ for carrying out its duties Also known as the elastic clause b/c allows Congress to expand its role to meet the needs of a growing nation Implied powers: powers that gov’t requires to carry out the expressed constitutional powers

Conflicting Interpretations Supreme Court has often been the site of conflict over what exactly is “necessary and proper” legislation Strict constructionist (interpretation) of the Constitution vs. loose constructionist

Powers Denied Powers of Congress are limited Constitutional limit of Congress’ power is the Bill of Rights Examples: Congress cannot suspend writ of habeas corpus- court order to release a person accused of a crime to court to determine whether they have been legally detained Congress cannot pass bills of attainder- laws that est guilt and punish people without a trial Congress cannot pass ex post facto laws- laws that make crimes of acts that were legal when they were committed

Legislative Powers

Taxing & Spending Power Power to levy (create) taxes for the general welfare of the country Allows Congress to influence national policy because no gov’t agency can spend money without congressional authorization Revenue bills are laws for raising money Appropriations bills are proposed laws to authorize spending money Not spelled out in Constitution but developed through usage Most spending requests today come from the president in the annual budget proposal

Other Money Powers Congress can borrow money to help pay for cost of government Done in many ways but most popular through sale of savings bonds or Treasury notes Any money borrowed becomes part of the national debt Congress can coin money and regulate its value Congress can make laws concerning bankruptcy Cases are heard in federal courts

Commerce Power Commerce clause of the Constitution authorizes Congress to regulate foreign and interstate commerce Definition of ‘commerce’ has been expanded to give Congress even greater power Broadcasting, banking, air and water pollution Congress has used interstate commerce to set policy in other areas Example: Congress requires businesses that engage in interstate commerce pay minimum wage Because all businesses deal with another state in some way this enables Congress to regulate working conditions across the nation

Foreign Policy Powers Congress can approve treaties, declare war, create and maintain an army/navy and regulate foreign commerce Congress shares foreign policy and national defense responsibilities with the president Congress has declared war only 5 times but the president has used military force on more than 160 occasions Korean and Vietnam Wars fought without declaration of war After Vietnam Congress decided the Constitution never intended for president to involve nation in undeclared war- so 1973 passed the War Powers Act Law forbids president to commit American forces to combat for more than 60 days without congressional notice within 48 hours

Providing for the Nation’s Growth Congress has power over naturalization- immigrants becoming U.S citizens Congress can admit new states and and pass laws needed to govern a territory Congress can pass laws to govern federal property Military bases, government buildings, national parks, historic sites and public lands

Other Legislative Powers Congress can grant copyrights and patents Congress can establish post offices an federal courts

Two Types of Bills Private bills: deal with individual people or places Often involve people’s claims against the government or immigration problems Public bills: deal with general matters and apply to the entire nation Often controversial and receive significant media attention May involve issues dealing with taxes, insurance, gun control, civil rights or abortion

Why So Few Bills Become Laws Less than 5% of all bills introduced in Congress become public laws Reasons: The lawmaking process is long and complicated-100 specific steps may be involved in passing a law Bills need significant support from lawmakers and interest groups-compromise is the only way to get support Lawmakers may introduce a bill they know will never become a law just to gain media attention Bill may be introduced to show lawmakers are trying to solve a problem and avoid criticism- when bill does not move forward they can blame a committee or other lawmakers

Vetoing Bills Veto: president refuses to sign the bill and returns it to the house in Congress where it originated President includes reasons why he/she chose to veto Pocket veto: president kills a bill passed during the last 10 days Congress is in session by simply refusing to act on it Because Congress is no longer in session it cannot override the veto and the bill dies

Joint Resolution May correct an error in an earlier or appropriate money for a special purpose Used to propose constitutional amendments which do not require the president’s signature