Constitutional Provisions:

• Expressed powers:

• Article I, Section 8 of the Constitution

• Also called enumerated powers.

• Necessary and proper clause:

• Congress has the power to do whatever is “necessary and proper” to carry out its powers.

– Implied powers: Has expanded Congress’ role to meet the nation’s needs.

• Article I, Section 9 of the constitution:

• Denies Congress several powers-Congress can’t

1. Suspend the writ of habeas corpus

– Held in jail without sufficient evidence

2. Pass bills of attainder

– Laws that establish guilt and punish people without trial.

3. Pass ex post facto laws

- Cannot make an act criminal that was legal when committed.

Constitutional Provisions: (cont.)

Legislative Powers: Expanding Congressional Influence over the Economy

1. Revenue bills:

• Laws for raising money, House to Senate.

2. Appropriations bills:

• Laws to authorize spending money

• Spending requests generally come from the executive branch and are presented to Congress in the president’s annual budget proposal.

2. Power to regulate foreign and interstate commerce

3. Shares power with president to make foreign and national defense policy.

4. Power over naturalization (immigration)

5. Power to grant copyrights and patents.

Legislative Powers (cont.)

• Congress’ powers also include:1. Power to coin money and regulate its value

Nonlegislative Powers:

1. Congress counts the Electoral College votes

– If no candidate has a majority, House chooses the president from the three candidates with the most electoral votes.

2. Power to remove any federal official from office.

• House is the chamber with power over impeachment—the formal accusation of misconduct in office.

• If House votes to impeach, Senate conducts a trial. Two-thirds vote of the senators present is required to convict and remove someone from office.

3. Senate must approve presidential appointments

4. The Senate must ratify formal treaties with other nations.

5. Congress and state legislatures share the power to propose amendments to the Constitution.

Nonlegislative Powers (cont.)

The Power to Investigate

• Founders neither granted nor denied Congress the power to conduct investigations.

• A standing committee or a select committee may conduct investigations.

1. Subpoena: A legal order that requires a person to appear or produce requested documents.

2. Perjury: Witnesses can be criminally prosecuted for lying under oath.

3. Contempt of Congress: Punish those who refuse to testify by holding them in contempt

4. Immunity: Freedom from prosecution for people whose testimony ties them to criminal acts.

The Power to Investigate (cont.)

• Congressional Powers:

Legislative Oversight• Power to review executive branch activities on an

ongoing basis.

• Congress requires executive agencies to report to it.

• Each year Congress reviews the budgets of all agencies in the executive branch.

• Ethics in Government Act (1978) - Provides that Congress can demand the appointment of a special prosecutor, called the independent counsel.

Cooperation and Conflict

• Optimum relationship:

• President makes few demands on Congress.

• Same Party Affiliation

• Checks and balances = Counteract each other

• If president and Congress have different timetables, conflict can occur

The Struggle for Power

• Checks and balances: The President and Congress will always compete for power.

• Crisis: Congress yields power to the President

• declare martial law

• seize property

• control transportation and communications

• National budget:

• President has assumed more responsibility

The Struggle for Power (cont.)

• National budget:

• President has assumed more responsibility• Congressional Budget and Impoundment Control Act:

• Increase Congress’ role in budgeting

• Limit President’s ability to impound funds

Impoundment: President’s refusal to spend money Congress has voted for a program.

Legislative Powers• Taxing and Spending Power—Congress has

great control over national policy, as no agency can spend money without congressional approval

• Commerce Power—Congress regulates foreign commerce and trade between the states

Non-Legislative Powers• Ratification Power—Congress accepts or

rejects treaties negotiated between the president and a foreign country

• Confirmation Power—Both houses of Congress confirm or deny presidential appointments

• Power to Choose Presidents—The House selects the president if no candidate wins a majority of votes in the Electoral College

• Removal Power—Both houses of Congress play a role in the removal of a president from office due to misconduct

Investigative Powers• The Constitution does not specifically state

this power, but the legislature’s role as a people’s body made this power necessary

• Congress investigates the operation of government agencies and the actions of individual government personnel