Transcript Development of Congressional Powers

Development of Congressional
Powers
Chapter 6
I. Constitutional Powers:
Article I implies the Framers wanted Congress to play the central role in
governing the nation

A. Overview
1. Legislative powers: make bills and laws that
represent the people
 a. expressed powers (enumerated powers)
 b. “necessary and proper”
-let Congress expand its role (elastic clause)
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
2.
Conflicting Interpretations
 a.“strict construction” (interpretation) vs. “loose
construction”
 b. Which give states more power???
3.
Powers Denied
 a. Reserved Powers (states rights)
Police Powers, Education, Intrastate commerce
 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.

B. Legislative Powers: most significant function
1. The Taxing and Spending Power
 a. “power of the purse”
 b. “All bills for raising Revenue shall originate in
the House of Representatives”
 c. Appropriations bills are proposed laws to
authorize spending money
 d. Regulatory powers (tied to commerce)
2. Other Money Powers
 a. borrow money to pay for the cost of government
 b. National debt b/c it needs to borrow to meet
expenses
 c. Why can’t states borrow money????
3. The Commerce Power
 a.commerce clause (interstate)
 b. Gibbons v. Ogden (1824):
-Steamboats in New York
-Interstate Commerce
 c. SC has expanded definition and granted Congress
more power
 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
4. Foreign Policy Powers
 a. Approve treaties
 b. Declare war
 c. Create and maintain an army and navy
 d. Make rules governing land and naval forces
 e. Regulate foreign commerce
 f. Shares FP and national defense powers w/ the
president
 g. 1973 War Powers Act
5. Providing for the Nations Growth
 a. naturalization
 b. admit new states and pass laws needed to govern
any territories
 c. laws to govern federal property
6. Other Legislative Powers
 a. grant copyrights and patents
 b. establish a post office and federal courts

C. Non-legislative Powers:
1. The Power to Choose a President
 a. Joint session of Congress to count the Electoral
College votes
2. The Removal Power
 a. Remove any federal official from office
 b. House of Representatives has exclusive power
over impeachment (formal accusation of misconduct
in office)
 c. Senate tries the case.
3. The Confirmation Power
 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
5. The Amendment Power
 a. Congress and state legislatures share power to
propose amendments
 b. All amendments have started in Congress
II. Investigations and Oversight: inherent (not mentioned in the
Constitution)
 A. The Power to Investigate: neither granted nor denied by
the Founders
1. The Investigation Process
 a. done by Standing or Select committee
 b. reasons for Congressional investigations vary
 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
 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

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:
2. Limits on Legislative Oversight
 a. used inconsistently: “pass it and forget it”
lawmaking
 b. reasons:
- not enough staff, time or
- hard to determine if the EB is doing its job
- lawmakers and agency officials become
friends
3. Congressional Limits on Executive Activities
 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
- special prosecutor called independent counsel
 b. 1999 Congress let the law expire and gave sole
power back to Attorney General