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: laws for raising money

• Appropriations bills: 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

The Power to Investigate

The Investigation Process

• A standing or select committee of congress may conduct investigations • Committee staff members may travel around the

country collecting evidence and witnesses

• Investigations may have a variety of consequences• Many times they lead to new legislation to deal with

a problem• Changes in government programs• Removal of officials in office

Congressional Powers and Witness Rights

• Congressional committees have the power to subpoena• Subpoena: legal order that a person appear or produce requested

documents

• Witnesses who do not tell the truth can be criminally prosecuted for perjury• Perjury: lying under oath

• Committees may punish those who refuse to testify or are uncooperative by holding them in contempt• Contempt: willful obstruction of Congress

• Watkins v. U.S (1957): Congress must respect witness’ Constitutional rights just as a court does

• Congress can grant immunity to witnesses and require them to testify about illegal activities in which they’re involved• Immunity: freedom from prosecution for witnesses whose testimony ties

them to illegal acts

Congress and the President

Congress and the President

• Level of cooperation between the president and Congress has varied throughout the years

• Historically, the best relationship between the two branches occurs when the president makes few demands on Congress• Example: Eisenhower in the 1950s

• Those who propose major new programs usually face more conflict • Example: Obamacare

How a Bill Becomes a Law

Two Types of Bills

Private Bills Public Bills

• Deal with individual people or places

• Often involve people’s claims against the government or immigration problems

• Deal with general matters and apply to the entire nation

• May involve issues dealing with taxes, insurance, gun control, civil rights or abortion

Types of Resolutions

• Covers matters affecting only one house of Congress and is passed by that house alone

Simple Resolution

• Both houses pass and the president’s signature gives it the force of law

• May correct an error in an earlier law or appropriate money for a special purpose

Joint Resolution

• Covers matters requiring the action of the House and the Senate but on which a law is not needed

• Example: setting the date of adjournment for Congress• Both houses must pass, does not require presidential

signature and does not have force of law

Concurrent

Resolution

Why So Few Bills Become Laws

• Less than 5% of all bills introduced in Congress become public laws

• Reasons: 1.

• The lawmaking process is long and complicated-100 specific steps may be involved in passing a law

2.

• Bills need significant support from lawmakers and interest groups-compromise is the only way to get support

3. • Lawmakers may introduce a bill they know will never become a law just to gain media attention

4.

• 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

Influencing Congress

Influence on Lawmakers

Influence of Voters Influence of Parties

Voters say they want their lawmakers to follow constituents wishes on issues and enact laws

Want needs of their district ahead of the needs of the nation

Voting record- helps keep transparency

Lawmakers will visit their districts back home to figure out the issues

Republican v. Democrats

Vote along party’s beliefs/platform

Seek advice on how to vote from fellow party members

Other Influences on Congress

Influence of the President Influence of Interest Groups

Want the laws he and his party support passed

Argue that president has more way to influence Congress than lawmakers

Media: news, radio, internet

Lobbyists: representatives of interest groups

Lobbying: trying to convince members of Congress to support policies favored by their groups

Large, powerful lobbies have their own buildings and full-time professional staffs in the nation’s capital

Meet with lawmakers, encourage citizens to write to their Congressman