Government
Chapter 6: Congressional Powers
6-1 – Constitutional Powers
Key Terms
Constitutional Provisions – nearly half of the Constitution concerns
the legislative branch in Article I, suggesting that the Framers wanted
Congress to play a central role in American government
expressed powers – also called enumerated powers; powers directly
stated in the Constitution
necessary and proper clause – also known as the elastic clause;
Article I, Section 8, of the Constitution, which gives Congress the power to
make all laws that are necessary and proper for carrying out its duties
implied powers – powers the government requires to carry out its
expressed constitutional powers; has allowed the government to expand its
role
McCulloch v. Maryland (1816) – first major conflict between
supporters of “strict construction,” or interpretation, of the Constitution and
those who believed in a “loose construction”; SCOTUS decision supported
the position of the loose constructionists by giving a very broad
interpretation to the “necessary and proper” clause; helped greatly expand
the power of Congress
Limits on Congress – Article I, Section 9 limits certain powers of
Congress;
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habeas corpus – Congress cannot suspend a person’s right to
appear before a court except in cases of rebellion or invasion
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bills of attainder – Congress cannot pass laws that establish guilt
and punish people without a trial
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ex post facto laws – Congress cannot criminalize an act that was
legal when it was committed
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Congress cannot tax exports
Q: How do the expressed powers and implied powers of Congress differ?
Legislative Powers
Taxing and Spending Power
revenue bill – a law for raising money; Article I, Section 7, says that
all revenue bills must originate in the House and then go to the Senate;
adopted because the more populous states insisted on having a greater
voice on tax policy
authorization bill – a bill that establishes a program and says how
much can be spent on the program; first step for Congress approving
expenditures
appropriations bill – a proposed law to authorize spending money;
not spelled out in the Constitution; second step for Congress approving
expenditures
regulate the economy – Congress also uses its taxing and spending
powers to regulate the economy; for example, cutting individual income
taxes may encourage more personal spending, stimulating economic growth
The Commerce Power
interstate commerce – trade among the states; Article I, Section 8,
Clause 3, the so-called “commerce clause,” authorizes Congress to regulate
foreign commerce and interstate commerce
commerce clause – the broad interpretation of the commerce clause
has allowed Congress to set policy in many areas; for example, Congress
has required businesses engaged in interstate commerce to pay their
employees a minimum wage
Civil Rights Act of 1964 – Congress used its powers under the
commerce clause to prohibit discrimination in restaurants, hotels, and
motels; in Hearts of Atlanta Motel v. United States, SCOTUS ruled that even
local businesses take part in interstate commerce because their customers
can come from out of state
Foreign Policy Power – Congress has the power to approve treaties,
to declare war, to create and maintain an army and navy, to make rules
governing land and naval forces, and to regulate foreign commerce
Vietnam War – (1963-1975) because it was costly and lost public
support, Congress looked closely at how the US was drawn in; specifically, it
focused on the actions of President Johnson (LBJ); Congress concluded that
the Constitution did not intend the president to have that kind of power
War Powers Act – (1973) passed over President Richard Nixon’s
veto; under this law, the president must notify Congress within 48 hours of
any commitment of troops abroad and must withdraw them in 60 to 90 days
unless Congress explicitly approves the action; both Republican and
Democrat presidents have protested its constitutionality
Providing for the Nation’s Growth – Congress has power over
naturalization, admittance of new states, and governance of federal property
Other Legislative Powers
copyright – the exclusive right to publish and sell a literary, musical,
or artistic work for a specified period of time; under present law, this period
is the lifetime of the creator plus 70 years
patent – the exclusive right of an inventor to manufacture, use, and
sell his or her invention for a specific period; in most cases, 20 years
Q: What are the economic powers of Congress?
Nonlegislative Powers
Congress has the power to remove any federal official from
office/impeachment – the formal accusation of misconduct in office
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The Senate must approve presidential appointments to office
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The Senate must ratify formal treaties with other nations
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Congress and state legislatures share the power to propose
Constitutional amendments
Q: What nonlegislative powers does the Senate have?