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Constitutional Provisions Article 1 Section 8:
Expressed Powers- enumerated powers
Article 1 Section 8 Clause 18: Necessary and Proper Clause- implied powers▪ Elastic Clause- allowed
Congress to expand its role to meet the needs of a growing nation
Taxing and Spending Power- power of the purse Authorizes all government
spending Revenue laws- taxes
All revenue bills must start in the House of Representatives
Other Money Powers Borrow money Coin money, regulate value Bankruptcy Law
Commerce Power- power to regulate foreign and interstate trade Banking, broadcasting,
pollution
Foreign Policy Power- shares powers with president National defense- treaties,
declaration of war, raise armies Providing for National Growth
Naturalization New States Govern federal property- military
bases, government buildings, national parks, historic sites
Copyright and Patents Right to literary, musical or
artistic work- lifetime plus 50 years
Right to manufacture, use, and sell and invention- 17 years, option to renew
Power to Choose a President- joint session counts Electoral College results If no candidate has a majority, the
House votes for president and the Senate for vice president
Removal Power- Congress may remove any federal official from office House- impeachment: formal
accusation of misconduct Senate- trial, 2/3’s vote for
removal Confirmation Power- Senate
power to approve presidential appointments of federal officials Cabinet and subcabinet,
regulatory agencies, diplomats, military posts, judiciary, Supreme Court
Ratification Power-Senate power to ratify treaties between the US and foreign nations
Amendment Power- Congressional power to propose amendments
Selected Expressed Powers Selected Implied PowersMoney PowersLay and collect taxesBorrow moneyEstablish Bankruptcy lawsCoin, print, and regulate moneyPunish Counterfeiters
Lay and Collect taxes- Implies the power to support public schools, welfare programs, public housing, etcBorrow Money- Implies the power to maintain the Federal Reserve Board
Commerce PowersRegulate foreign and interstate commerce
Regulate Commerce- implies the power to prohibit discrimination in restaurants, hotels, and other public accommodations
Military and Foreign Policy PowersDeclare WarRaise, support, and regulate the army and navyProvide, regulate, and call into service the Militia- National Guard
Raise and Support Army- implies the right to draft people in to the armed services
Other Legislative PowersEstablish laws of naturalizationEstablish and post officeGrant copyrights and patents
Establish laws of naturalization- implies the power to limit the number of immigrants to the United States
Investigation Process- conducted by standing or select committee Witnesses testify at committee
hearings Investigations into IRS, ethics,
investments Consequences- new legislation,
removal of officials from office Continuing review of how
effective the executive branch carries out the laws
Practice of Legislative Oversight Each standing committee
must review and study the application, administration and execution of laws
Government of Checks and Balances
Executive responsibilities require congressional cooperation Making treaties, Appointing officials
Cooperation and conflict- the best relations exist when the president makes few demands on Congress
Constituents and Conflict President selected by a large national
electorate- expected to create policies for the nation as a whole
Congress members selected by states and local districts- expected to create policies for more narrow, specific interests
Party Politics- partisan political differences can affect the relationship between the president and Congress Republican President and a
Democratic Legislature
Struggle for Power- President and Congress will always compete for power Who dominates depends on
various factors▪ Political issues of the time▪ Leadership in Congress and
Executive Branch Budget Impoundment-
president has taken more responsibility for planning the national budget Impoundment- president’s refusal
to spend money Congress has votes to fund a program