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Ch 6 GovernmentSections: 3

Development of Congressional Powers

(embedded notes)

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Procedures

• Fully explain all items in your notes.• For example, use a term from the Assessments AND it’s

definition in your explanations.• Explain do not just list.• Answer the Focus Questions/STGs.• Use the Format and Process modeled throughout the year.• Section 1 has been provided as a guide. Do the rest using the:

– Titles– Subtitles (in red)– Items list– Questions

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Section 1 Constitutional PowersEmbed these into your notes.

Give examples of each and which branch has them.1. Expressed powers2. Enumerated powers3. Necessary and proper clause4. Implied powers5. Elastic clause----------------------------------------------------------------6. Second Bank of the United States7. McCulloch v Maryland8. Writ of habeas corpus9. Bills of attainder10. Ex post facto laws11. Taxing and Spending Powers12. Revenue bills13. Appropriations bills14. National debt15. Bankruptcy16. Interstate commerce17. Gibbons v Ogden, 182___18. Heart of Atlanta Motel v United States, 196___19. War Powers Act, 197___ & Foreign Policy Powers20. Copyright21. patent22. Electoral College23. Twentieth Amendment, _______24. Twenty Fifth Amendment, ________25. Impeachment26. Confirmation power27. Ratification power28. Amendment power29. Twenty First Amendment, ________

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Questions

1. Use a chart to give examples of these powers: expressed, implied, denied AND which branch of government is affected.

2. State (list) the foreign policy powers of Congress.3. Why are the money powers granted to Congress so

important? (think about the powers under the Articles of Confederation)

4. How has the commerce clause enabled Congress to apply a loose interpretation to the Constitution?

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Constitutional Powers

• Article I created the _______________ branch– Aka Congress

• Framers of the Constitution intended:1. 2.

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Constitutional ProvisionsLegislative Powers

Use items 1-5 to explain the Legislative Powers.

– Article I, Section __________, Clauses _________

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Conflicting Interpretations• Necessary and Proper clause

– Over the years, the U.S. Supreme Court has varied in its interpretation of this clause.• McCulloch v Maryland, 1819 – Supreme Court applied a loose interpretation – expanding

the power of Congress. Created a precedent for the Necessary and Proper clause to be loosely interpreted to allow more power to Congress. Coined the term (created a new saying) Elastic Clause. During the Taney era, the Supreme Court’s rulings followed a more strict constructionist interpretation.

• Powers Denied to Congress– Reserved Powers – belong to the ___________– Bill of Rights– Writ of habeas corpus– Bills of attainder– Ex post facto laws

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Powers of Congress

• Legislative and Non-Legislative

Legislative PowersList here and explain on future slides/pages.1. Taxing & Spending Power2. Other Money Powers3. Commerce Power4. Foreign Policy Power5. Providing for the Nation’s Growth6. Other Legislative Powers

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Congress: Taxing & Spending Powers

• “power of the _______________”• Levy _____________• No government agency can spend $ w/o

authorization (approval) from Congress.• Article I, Section _____ allows only one

chamber to originate (write) ______________ bills to (define) ____________________________.

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Congress: Taxing & Spending Powers (cont’d)

• Authorizations bills _____________________– Article I, Section ___________– Usually come from President (_________ Branch)– Most in annual budget proposal from President

• Taxing Powers used to:– Stimulate economy with tax cuts– Slow economic growth/inflation with higher taxes– Discourage harmful products thru excise taxes

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Congress: Other Money Powers

• Can issue bonds and Treasury notes to _______________ money. This increases the

_____________________ ______________. • Coin money• Regulate the value of currency• Punish counterfeiters• Establish standard weights and measures• Make laws about:– bankruptcy - ________________________________

• Most are heard in federal court

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Congress: Commerce Power

• Gibbons v Ogden, 1824

• Heart of Atlanta Motel v United States, 1964

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Congress: Foreign Policy Power

• Treaties

• Declare War

• War Powers Act

• Create & Maintain Military Forces

• Regulate Foreign Commerce

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Congress: Providing for Nation’s Growth

• Naturalization–

• Admitting new states, territories,–

• Federal Property–

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Congress: Other Legislative Powers

• Copyright –

• Patent –

• Post Office–

• Federal Courts

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Nonlegislative Powers• Choose a President

– Electoral College– Succession

• Twentieth Amendment–

• Twenty-Fifth Amendment–

• Removal Power (Impeachment)– – –

• Confirmation Power

• Ratification Power

• Amendment Power

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Section 2Investigations & Oversight

30. subpoena31. Perjury32. contempt 33. Watkins v United States, 195734. Chief Justice Earl Warren35. immunity36. Colonel Oliver North (Iran-Contra Affair)37. Legislative Organization Act of 197038. 1946 Employment Act39. General Accounting Office (GAO)40. legislative veto41. Immigration and Naturalization Service v Chadha, 198342. Ethics in Government Act, 1978

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Questions

1. Compare and contrast the rights of a witness in a Congressional Investigation to a Witness’s Rights in Court.

2. Identify the steps Congress can take if a witness pleads the Fifth Amendment and refuses to testify in a Congressional Investigation.

3. Explain how Congress can exercise its power of legislative oversight.

4. Identify three congressional investigations focused on the executive branch.

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Section 3 Congress and the President

43. national budget44. impoundment45. President’s Emergency Powers & National

Emergency Act46. Congressional Budget Office (CBO)47. line-item veto – Is it currently constitutional? Was it ever

permitted? Explain how this changed throughout history and who exercised this power.

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Questions

1. How has the structure/process of the American political system led to competition and conflict between the President and Congress?

2. Why has power shifted back and forth between the President and Congress over the years?

3. Use a graphic organizer (T Table + -) to show how Congress has gained and lost power.

4. Why do the different constituencies of the President and Congress cause conflict between the Executive and Legislative Branches?

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The End

• Did you explain ALL of the items on the list?• Did you answer ALL of the questions?