Chapter 6

Development of Congressional Powers

Chapter 6, Section 1

Constitutional Powers

Did you Did you know

Congress sometimes exercises more than one of its powers at the same time. In 1993 after several months of heated debate, the Senate approved the North American Free Trade Agreement (NAFTA). This treaty with Canada and Mexico ended trade barriers between those nations and the United States. In approving NAFTA, the Senate was carrying out its treaty power in foreign affairs as well as its power to regulate foreign commerce.

I. Constitutional Provisions (pages 157–158) A. The “necessary and proper” clause

of the Constitution enables Congress to expand its power.

B. Conflicting interpretations of the elastic clause are reflected in Supreme Court rulings on the power of Congress.

C. The powers of Congress are limited by the Bill of Rights and the Constitution.

Discussion Question

Do you agree with those who believe in a strict construction of the Constitution or with those who support a loose construction? Explain.

(Answers will vary. Students should evidence understanding of strict and loose construction.)

II. Legislative Powers (pages 158–163) A. The power to levy taxes and

appropriate money is one of Congress’s most important powers.

B. Congress has the power to borrow money, to coin money, and to make laws regarding bankruptcy.

C. Congress has the power to regulate foreign and interstate commerce.

II. Legislative Powers (pages 158–163, continued) D. Congress has important powers in foreign

policy and national defense, such as the power to approve treaties, to declare war, and to create and maintain an army and a navy.

E. Congress has power over naturalization of citizens and the admission of new states to the Union.

F. Congress has the power to grant copyrights and patents and the power to establish federal courts and the post office.

Discussion Question

Explain how Congress has used its taxing and spending power to expand its authority.

(Taxing and spending powers are used to expand regulatory authority; regulatory powers help control the economy.)

III. Nonlegislative Powers (pages 163–165) A. If no presidential candidate has a majority

of the electoral votes, the House of Representatives chooses the president from the top three candidates; if no vice presidential candidate has an electoral vote majority, the Senate chooses the vice president from the top two candidates.

B. Congress has the power to settle problems arising from the death of candidates or the president’s incapacity or resignation.

III. Nonlegislative Powers (pages 163–165, continued) C. Congress has the power to remove officials

of the executive or judicial branches from office by the process of impeachment.

D. Congress has the power to approve officials appointed by the president.

E. Congress ratifies treaties between the United States and other nations.

F. Congress shares with state legislatures the power to propose amendments and the method by which amendments will be ratified.

Discussion Question

Do you think Congress might sometimes abuse its power to impeach high officials? Explain.

(Answers will vary. Congress has only rarely used this power.)

Chapter 6, Section 2

Investigations and Oversight

Did you Did you know

Both houses of Congress sometimes investigate the same thing at the same time. The Senate Governmental Affairs Committee held hearings for several months in 1997 to investigate President Clinton’s campaign finances in the 1996 election. At the same time, the House Government Oversight Committee conducted its own investigation into fund-raising by the president and the Democratic National Committee in that same election.

I. The Power to Investigate (pages 167–169) A. Standing committees or select committees

of Congress investigate the conduct and ethics of government officials and members of Congress.

B. Investigations have a variety of consequences that range from the proposing new legislation to deal with a problem to removing officials from office.

C. Congressional investigations collect evidence, subpoena witnesses, and grant witnesses immunity, but they are not trials.

II. Legislative Oversight (pages 169–171) A. Congress uses the power of legislative oversight

to weigh how well the executive branch carries out the laws enacted by Congress.

B. The Legislative Reorganization Acts of 1946 and 1970 require Congress to review and study, on a continuing basis, how the laws under its responsibility are administered, applied, and executed.

C. Realistically, however, Congress cannot effectively monitor every action of the executive branch; it does not have enough staff, time, or money to do so.

II. Legislative Oversight (pages 169–171, continued) D. Congress uses its legislative oversight to

require executive agencies to submit reports on their activities, to review those agencies’ budgets, and to direct the GAO and Congress’s other support agencies to monitor the executive agencies’ finances.

E. Special investigations when Congress suspects wrongdoing, or even the threat of such investigations, acts as a strong deterrent to defying the intent of Congress.

Chapter 6, Section 3

Congress and the President

Did you Did you know

The Watergate scandal in 1973 marked the end of a long, bitter struggle between Congress and the president. By then, relations between a Republican president and a Democratic-controlled Congress were seriously strained. President Nixon had refused to spend funds appropriated by Congress to carry out its programs. But when Congress passed bills to end this practice, Nixon vetoed them. Angry members of Congress charged that Nixon had established an “imperial presidency.”

I. Cooperation and Conflict (pages 172–174) A. The members of Congress represent

local, more narrow interests than the president, and therefore their ideas often differ from the president’s.

B. The Constitution’s system of checks and balances may cause conflicts between the legislative and the executive branches.

C. Partisan differences can affect relations between Congress and the president.

I. Cooperation and Conflict (pages 172–174, continued) D. The organization of Congress

and its procedures may cause conflicts with the president.

E. Members of Congress often serve in government longer than any president and may resist the president’s timetable for enacting laws.

II. The Struggle for Power (pages 174–176) A. Throughout the nation’s history, the

balance of power has shifted back and forth between Congress and the president.

B. Congress can limit or end the emergency powers it has granted the president.

C. Congress has reduced the president’s power in planning the budget and spending money that Congress has appropriated.

II. The Struggle for Power (pages 174–176, continued) D. The Congressional Budget and

Impoundment Control Act of 1974 established permanent budget committees for each house, created the Congressional Budget Office (CBO), and limited the president’s ability to impound funds.

E. The Congressional Budget Office provides financial experts to help Congress increase its role in planning the budget.

II. The Struggle for Power (pages 174–176, continued) F. Congress no longer uses the

legislative veto but still seeks to ensure that the president carries out its intent in executing laws.

G. In 1995 Congress authorized the line-item veto power for the president to veto spending on specific items in appropriation bills.