Welcome to Presentation Plus! Contents Chapter Focus Section 1Constitutional PowersSection 1 Section 2Investigations and OversightSection 2 Section 3Congress

Chapter Focus

Section 1 Constitutional Powers

Section 2 Investigations and Oversight

Section 3 Congress and the President

Chapter Assessment

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• Investigations and Oversight Discuss occasions in which Congress has exercised its power to conduct investigations and practice legislative oversight. (Section 2)

• Congress and the President Analyze the dynamics in the relationship between the legislative and executive branches of the federal government. (Section 3)

Chapter Objectives • Constitutional Powers Identify and explain

classifications of powers through which Congress makes laws for the nation. (Section 1)

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• Section 2 Checks and Balances • Section 3 Checks and Balances

Chapter Concepts• Section 1 Constitutional Interpretations


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Making It Relevant Transparency

Making It Relevant 6

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End of Chapter Focus

Find Out

•Why are the money powers granted to Congress by the Founders so important?

•How has the commerce clause enabled Congress to apply a loose interpretation of the Constitution?

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Key Terms expressed powers, necessary and proper clause, implied powers, revenue bill, appropriations bill, interstate commerce, impeachment

Constitutional Powers

Section Objective

Identify and explain classifications of powers through which Congress makes laws for the nation.

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Understanding ConceptsConstitutional Interpretations On what types of issues did the Founders restrict congressional actions with the addition of the Bill of Rights?

Constitutional Powers

• The specific nature of that role has developed and changed over time.

Introduction• Nearly half the text of the Constitution is

contained in Article I–an indication that the Framers intended for Congress to play the central role in governing the nation.



Constitutional Provisions

• These expressed powers of Congress in the Constitution are sometimes called the enumerated powers.

• The last clause (18) of Section 8 gives Congress power to do whatever is “necessary and proper” to carry out its other powers.

• The Constitution describes the legislative powers of Congress in Article I, Section 8, Clauses 1-18.


• Because these implied powers have allowed Congress to expand its role to meet the needs of a growing nation, the “necessary and proper clause” has often been called the elastic clause.

• This necessary and proper clause implies that Congress has powers beyond those expressed in the first 17 clauses.

Constitutional Provisions (cont.)


Conflicting Interpretations

• When Congress created the Second Bank of the United States in 1816, loose constructionists and strict constructionists engaged in debates.

• The Supreme Court and Chief Justice John Marshall supported the loose constructionists, expanding the power of Congress.

• The Supreme Court has often been the site of conflict over what is “necessary and proper” legislation.


Powers Denied

• One important constitutional limit on congressional power is the Bill of Rights.

• Other limits on congressional power:

• The powers of Congress, like those of other branches of the national government, are limited.

– Congress may not suspend the writ of habeas corpus, a court order to release a person accused of a crime to court to determine whether he or she has been legally detained.


Powers Denied (cont.)

– Congress is also prohibited from passing ex post facto laws, laws that make crimes of acts that were legal when they were committed.

– Article I, Section 9, also denies several other powers to Congress, among them the power to tax exports.

– Congress does not have the authority to pass bills of attainder, laws that establish guilt and punish people without allowing them a trial.


Legislative Powers

• Nonlegislative powers include the power to confirm or deny presidential appointments.

• The most significant expansion of congressional legislative power–the power to pass laws–is in taxing, spending, and regulating commerce.

• Congress has both legislative and nonlegislative powers.


The Taxing and Spending Power

• It allows Congress to influence national policy in many areas because no government agency can spend money without congressional authorization.

• Sometimes called “the power of the purse,” the power to levy taxes and provide for the general welfare of the United States is among the most important powers of Congress.


The Taxing and Spending Power (cont.)

• The legislative process for appropriations bills–proposed laws to authorize spending money–is not spelled out in the Constitution, but has developed through usage.

• Because representation in the House was to be based on population, the Founders agreed that any revenue bills–laws for raising money–introduced in Congress would originate in the House.


• Over the years Congress has used its taxing and spending authority to expand its regulatory powers.

• For example, when Congress authorizes money for state or local governments, it frequently requires that local officials follow specific federal regulations as a condition of the grant.

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

The Taxing and Spending Power (cont.)


Other Money Powers

• The most common method is by authorizing the sale of government securities–bonds or notes.

• Because it must borrow money to meet its operating expenses, the government has a national debt–the total amount of money the government owes at any given time.

• Article I allows Congress to borrow to help pay for the cost of government, which it does in various ways.


Other Money Powers (cont.)

• As part of Congress’s money powers, the Constitution gives the legislative branch the power to coin money and to regulate its value.

• This debt, almost $1 trillion in 1980 and about $3.2 trillion in 1990, reached almost $6 trillion in 2000.


• The money powers of Congress also include the authority to make laws concerning bankruptcy–legal proceedings to administer the assets of a person or business that cannot pay its debts.

• In addition, Congress has the power to punish counterfeiters–people who print postage stamps, paper money, or government securities illegally–and to establish a system of standard weights and measures.

Other Money Powers (cont.)


The Commerce Power

• The Supreme Court has promoted the expansion of the commerce clause by consistently ruling that the meaning of commerce–whether international or interstate–far exceeds the mere buying and selling of goods and services.

• Article I, Section 8, Clause 3, authorizes Congress to regulate foreign commerce and interstate commerce, or commerce among the states.

Gibbons v. Ogden

• The Court ruled that all forms of business across state lines–in this case, ferry service between New York and New Jersey–come under the commerce clause.

• Any widespread activity that can possibly be considered interstate commerce– including broadcasting, banking and finance, and air and water pollution–is subject to federal control.

• The landmark decision on this subject came in Gibbons v. Ogden (1824).

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• For example, Congress requires that businesses engaged in interstate commerce pay their employees a minimum wage.

• Because almost all businesses deal in some way with businesses in other states, Congress is able to regulate working conditions across the nation.

• Congress has used its power over interstate commerce to set policy in many other areas.

Gibbons v. Ogden (cont.)


Heart of Atlanta Motel v. United States

• This law prohibited discrimination in places of public accommodation such as restaurants and motels. It also prohibited job discrimination.

• A Georgia motel owner attacked the law, claiming that the motel was a local business–not part of interstate commerce.

• In 1964 Congress used its commerce power to pass the landmark Civil Rights Act.

• In Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled in favor of the Civil Rights Act, noting that public places of accommodation served interstate travelers and sold food that had crossed state lines.

Heart of Atlanta Motel v. United States (cont.)



Foreign Policy Powers

• Chief among these are the powers…

• Congress has important powers in the areas of foreign policy and national defense.

– to approve treaties.

– to declare war.

– to create and maintain an army and navy.

– to make rules governing land and naval forces.

– to regulate foreign commerce.


Foreign Policy Powers (cont.)

• After the Vietnam War, however, Congress acted to reassert its foreign policy powers.

• Congress held that the Constitution never intended for the president to have the power to involve the nation in undeclared wars (such as Vietnam).

• Congress shares these powers with the president. Historically it generally has submitted to presidential leadership in this area.


• This law forbids the president to commit American forces to combat for more than 60 days without congressional notification within 48 hours.

• Therefore, in 1973, over President Nixon’s veto, Congress passed the War Powers Act.

Foreign Policy Powers (cont.)


Providing for the Nation’s Growth

• In addition, Article IV, Section 3, authorizes Congress to admit new states and pass laws needed to govern any territories.

• The Constitution also grants Congress power over naturalization, the process by which immigrants to the United States may become citizens.


• Finally, both Article I and Article IV empower Congress to pass laws to govern federal property, including military bases, government buildings, national parks, historic sites, and hundreds of millions of acres of public lands.

Providing for the Nation’s Growth(cont.)


Other Legislative Powers

• A copyright is the exclusive right to publish and sell a literary, musical, or artistic work for a specified period of time.

• Under the present law, this period is the lifetime of the creator plus 50 years.

• A patent is the exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period, currently 17 years, and may be renewed.

• Article I, Section 8, gives Congress the power to grant copyrights and patents.


Other Legislative Powers (cont.) • Also under Article I, Section 8,

Congress has the power to establish a post office and federal courts.


Nonlegislative Powers• While most of their nonlegislative

functions require their cooperation, usually each house of Congress performs a different function in exercising these powers.


The Power to Choose a President

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

• Each state’s House delegation has one vote.

• The Constitution requires a joint session of Congress to count the Electoral College votes–largely a ceremonial function in modern times.


• It is, therefore, possible that the president could be from a different party than the vice president.

• The Twentieth and Twenty-fifth Amendments give Congress the power to settle problems arising from the death of elected candidates and from presidential incapacity or resignation.

• The Senate, by majority vote, chooses the vice president from the two candidates with the most electoral votes.

The Power to Choose a President (cont.)


The Removal Power

• The House of Representatives has exclusive power over impeachment, a formal accusation of misconduct in office against a public official.

• Impeachment is only a charge of wrongdoing; it is not a determination of guilt.

• The Constitution grants Congress the power to remove from office any member of the executive or judicial branches of government.


The Removal Power (cont.)

• In 1868 President Andrew Johnson was impeached but was acquitted by the Senate by one vote.

• In 1974 the House Judiciary Committee recommended impeachment of President Nixon for his role in the Watergate scandal. Nixon resigned, however, before the House could vote.

• If a majority of the House votes to impeach an official, the case goes to the Senate for trial, where a two-thirds vote of those present is required for conviction.


The Removal Power (cont.)

• In February 1999 the Senate acquitted the president by failing to obtain the two-thirds majority necessary to convict on either charge.

• In 1998 the House Judiciary Committee recommended the impeachment of President Bill Clinton. By narrow margins, the House passed two articles of impeachment against the president–for perjury in a grand jury testimony and for obstruction of justice.


The Confirmation Power

• Nominees to the Supreme Court receive the most scrutiny–20 percent are rejected.

• The Senate has the power to approve presidential appointments of federal officials–military officers, cabinet positions, regulatory officials, diplomats, and federal judges.


The Ratification Power

• This power is one of the key ways in which Congress helps shape foreign policy.

• In 1980, for example, many senators opposed the second Strategic Arms Limitation Treaty (SALT II) between the United States and the Soviet Union.

• This opposition prevented a vote, and the treaty was not ratified.

• Article II, Section 2, of the Constitution gives the Senate the exclusive power to ratify treaties between the United States and other nations.


The Ratification Power (cont.) • In recent years presidents have often

bypassed the treaty ratification process by negotiating executive agreements– which do not require Senate ratification– with other heads of state.


The Amendment Power

• To date, all of the constitutional amendments added to the Constitution have started in Congress.

• The states have approved 27 proposed amendments and have failed to ratify only 6.

• Congress shares with state legislatures the power to propose amendments by a two-thirds vote of both houses or by a convention called by the legislatures of two-thirds of the states.

Why are the money powers granted to Congress by the Founders so important?

With its money powers Congress influences national policy and provides for the nation’s general welfare.

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

The commerce clause has enabled Congress to apply a loose interpretation to the Constitution by extending the meaning of commerce far beyond the mere buying and selling of goods and services.


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End of Section 1

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Find Out

• In what ways are a witness’s rights in a congressional investigation similar to

and different from a witness’s rights incourt?

• By what methods does Congress exercise its powers of legislative oversight?

Key Terms subpoena, perjury, contempt,

immunity, legislative veto

Investigations and Oversight


Investigations and Oversight

Section Objective

Discuss occasions in which Congress has exercised its power to conduct investigations and practice legislative oversight.

Understanding ConceptsChecks and Balances How does the power of Congress to oversee the carrying out of laws serve as a check on the executive branch?


• Over the years, however, Congress has developed additional powers inherent in governing but not mentioned in the Constitution, such as the power to investigate and the power of legislative oversight.

Introduction• Most congressional powers are either

legislative or nonlegislative powers, and they are either expressed powers or implied powers.


The Power to Investigate

• Nevertheless, in 1792, after Native Americans soundly defeated the United States Army, Congress launched an investigation of the military.

• This power has played an important role in American politics ever since.

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


The Investigation Process

• Most congressional investigations get little notice, but a few, like the Watergate investigation, attract widespread attention.

• In the 1990s there have been investigations of the ethics of Congress’s own members and President Clinton’s Whitewater land investments.

• A standing committee or a select committee may conduct investigations, which can last for days or months.


The Investigation Process (cont.) • In most circumstances investigations lead

to new legislation to deal with a problem, changes in a government program, or removal of officials from office.


Congressional Powers and Witness Rights

• Like courts, congressional committees have the power to subpoena witnesses. A subpoena is a legal order that a person appear or produce requested documents.

• Also like courts, congressional committees can require witnesses to testify under oath.

• Although congressional investigations are not trials, Congress has several powers that help committees collect evidence.


Congressional Powers and Witness Rights (cont.)

• In addition, committees may punish those who refuse to testify or otherwise will not cooperate by holding them in contempt, or willful obstruction, of Congress.

• While the Constitution does not grant Congress any of these powers, court decisions have generally upheld them.

• Witnesses who do not tell the truth can be criminally prosecuted for perjury, or lying under oath.


• In Watkins v. United States (1957), the Supreme Court ruled that Congress must respect witnesses’ constitutional rights just as a court does.

• Until recent years, witnesses called to testify in person before a congressional committee had few rights. This situation has changed.




• Immunity is freedom from prosecution for witnesses whose testimony ties them to illegal acts.

• One way that congressional committees have sidestepped the Fifth Amendment, which states that people cannot be forced to testify against themselves, is by granting immunity to witnesses.



• Witnesses who are granted immunity, however, can be required to testify about illegal activities in which they are involved.

• Those who refuse may be held in contempt and jailed.


Legislative Oversight

• Under its commerce power and the necessary and proper clause, Congress has created a huge bureaucracy over which it must keep watch.

• The power of legislative oversight involves a continuing review of how effectively the executive branch carries out the laws Congress passes.


The Practice of Legislative Oversight

• Congress makes the laws, and the executive branch carries them out.

• In doing so, the executive branch has the power to decide what legislation means and how it should be put into effect.

• Through its power of legislative oversight, Congress can check on how the executive branch is administering the law.

• Legislative oversight is a good example of the constitutional principle of checks and balances.


Limits on Legislative Oversight

• There are several reasons that legislative oversight is not carried out consistently:

• In practice, however, lawmakers exercise the power of legislative oversight in an inconsistent way.

– Lawmakers do not have enough staff, time, or money to keep track of everything going on in the executive branch.

– Lawmakers know there are not many votes to be gained from most oversight activities, unless an investigation turns up a scandal or an unusual problem.


Limits on Legislative Oversight (cont.) – The language of some laws is so vague that

it is very difficult to judge exactly what they mean.

– Committees sometimes come to favor the federal agencies they are supposed to oversee.


Congressional Limits on Executive Activities

• One way is for Congress to require executive agencies to submit reports to Congress on their activities.

• A second oversight technique is for lawmakers to ask one of the congressional support agencies to study an executive agency’s work.

• Congress exercises its oversight power in several ways.


Congressional Limits on Executive Activities (cont.)

• The General Accounting Office (GAO), for example, monitors the finances of federal agencies to make sure public money has been spent according to law and in an appropriate manner.

• The power of Congress to appropriate money provides another means of oversight.



• Each year the House and Senate review the budgets of all agencies in the executive branch, allowing Congress to shape public policy by expanding, reducing, or eliminating certain programs.

• For years Congress used the legislative veto to write certain provisions into some laws.


• These provisions allowed it to review and cancel actions of the executive agencies that carried out those laws.

• In 1983 the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that the veto was unconstitutional because it violated the principle of separation of powers.



Independent Counsel

• The law authorized the House or Senate judiciary committee to require the attorney general to investigate charges of crimes by officials.

• If the investigation finds grounds for further investigation, the attorney general may petition to appoint an independent counsel.

• In 1994 Congress renewed the independent counsel law originally passed in 1978.

In what ways are a witness’s rights in a congressional investigation similar to and different from a witness’s rights in a court?

In both cases witnesses can be subpoenaed, required to testify under oath, and prosecuted for perjury. Witnesses’ rights must be respected. Congress can grant witnesses immunity.


By what methods does Congress exercise its powers of legislative oversight?

Congress exercises its powers of legislative oversight by requiring executive agencies to submit reports, studying executive agencies’ work, making budgetary decisions that affect executive agencies, and ordering special investigations.



End of Section 2


Find Out • How have the characteristics of the

American system led to competition and conflict between Congress and the president?

• Why has power shifted back and forth between the president and Congress over the years?

Key Terms

national budget, impoundment

Congress and the President


Congress and the President

Section Objective

Analyze the dynamics in the relationship between the legislative and executive branches of the federal government.

Understanding ConceptsChecks and Balances Why do some people state that deadlock and inaction are built-in features of American government?


• When Congress refuses to cooperate, the president may become frustrated.

• On the other hand, all bills Congress passes require the president’s signature before they become law.

Introduction• Many of the president’s most important

executive responsibilities require congressional cooperation.


Introduction (cont.) • Overriding a presidential veto requires a

two-thirds majority in each house of Congress, which usually is difficult to obtain.

• Consequently, a veto or even the threat of one is an important legislative power the president exercises.


Cooperation and Conflict

• Usually, the best relations exist between the two branches when the president makes few demands on Congress.

• Recent presidents have frequently found it hard to work with Congress for several reasons.

• The level of cooperation between Congress and the president has varied throughout history.


Constituents and Conflict

• Individual states and congressional districts, representing much narrower interests, elect members of Congress.

• Members of Congress often have ideas very different from the president about what constitutes desirable public policy.

• A large national electorate chooses presidents who promote policies they believe are in the best interests of the entire nation.


Checks and Balances

• Political historian James MacGregor Burns contends that the system is “designed for deadlock and inaction.”

• He argues that these checks and balances result in the “President versus Congress.”

• The system of checks and balances gives Congress and the president the power to counteract each other.


Party Politics

• This is especially evident when the different parties control the White House and Congress.

• In recent decades the president’s party rarely has controlled either house of Congress, so conflict between the branches has increased.

• Partisan political differences can affect the relationship between the president and Congress.


Organization as a Cause of Conflict

• Rules of procedure, such as the Senate’s unlimited debate rule, can be used to block action on legislation.

• Because the basic shape of legislation is set in committees and subcommittees, the committee system also may be a weapon against the president.

• The organization of Congress provides many weapons to those who want to resist a legislative proposal of the president.


• Conflicts in government occur when a president wants a major proposal approved and a committee tries to delay, revise, or defeat it.

Organization as a Cause of Conflict(cont.)


Differing Political Timetables

• At best, presidents have only eight years to accomplish their agenda. They look for quick action on legislative proposals.

• Senators and representatives are not limited to two terms in office, and most can look forward to being reelected for many terms.

• Conflicts may also occur because the president and Congress have different political timetables.


Differing Political Timetables (cont.)

• Lawmakers in both houses may not be eager to act on legislation that does not directly benefit their states or districts.

• Because of this, they can take more time to look over legislation and move slowly if they do not agree with the president’s proposals.


The Struggle for Power

• Which branch will dominate in any specific period depends on many factors, including the political issues of the time and the leaders in Congress and the executive branch.

• The system of checks and balances makes it likely that the president and Congress will always compete for power.


Curbing the President’s Emergency Powers

• Presidents have declared martial law, seized property, controlled transportation and communication, and sent armed forces overseas.

• In 1976 Congress passed the National Emergencies Act which curbed the enormous powers that presidents acquire when they declare a state of emergency.

• In times of crisis, Congress has delegated additional powers to the president.


• Presidents must notify Congress when they intend to declare a national emergency, and a state of emergency cannot last more than one year unless the president repeats the process.

• In addition, Congress can end a state of emergency at any time by passing legislation.

• Presidents no longer possess automatic emergency powers.

Curbing the President’s Emergency Powers (cont.)


The Budget Impoundment and Control Act

• In 1974 Congress passed the Congressional Budget and Impoundment Control Act in an effort to increase its role in planning the budget.

• Over the years presidents have assumed more responsibility for planning the national budget, the yearly financial plan for the entire national government.


The Budget Impoundment and Control Act (cont.)

• In addition, the act limited impoundment– the president’s refusal to spend money Congress has voted to fund a program.

• The act established a permanent budget committee for each house and created a Congressional Budget Office (CBO) to provide financial experts to help Congress.


The Budget Impoundment and Control Act (cont.)

• The law requires that appropriated funds must be spent unless the president requests and both houses agree that the monies not be spent.


Use of the Legislative Veto

• The veto was not widely used, however, until Congress reasserted its authority in the 1970s.

• Since the Supreme Court ruling, Congress has searched for a constitutional alternative to the legislative veto.

• More than 200 laws have contained some form of legislative veto between 1932 and 1983, when it was declared unconstitutional.


Line-Item Veto

• Many presidents have asked Congress for a line-item veto, enabling them to veto only certain lines or items in a bill.

• Sentiment for giving the president such veto power was strong in the mid-1990s.

• House and Senate Republicans passed a complex version of a line-item veto bill in 1995, calling it an enhanced rescission bill.

• The Constitution provides for a presidential veto of entire bills.


Line-Item Veto (cont.)

• When the president did veto an item, Congress could pass a freestanding bill to reinstate the spending.

• If the president vetoed this bill, Congress could override it by a two-thirds majority of both houses.

• Signed into law by President Clinton, the bill authorized the president to veto spending items and certain limited tax breaks.


Line-Item Veto (cont.)

• In 1998 the Supreme Court ruled the Line- Item Veto Act unconstitutional.

• In 1997 the Supreme Court threw out an initial challenge to the law by members of Congress but did not rule on its constitutional merits.

How have the characteristics of the American system led to competition and conflict between Congress and the president?

Factors such as the checks and balances system, party politics, and differing political timetables cause conflict.


Why has power shifted back and forth between the president and Congress over the years?

Strong presidents challenge congressional supremacy.



End of Section 3

How are expressed powers and implied powers related?

Implied powers are necessary to carry out expressed powers.



The definition of interstate commerce has expanded to give Congress authority over virtually everything that crosses state lines.

Why has the power to regulate interstate commerce become such an important power of Congress?


Congress chooses the president and vice president if no candidate has a majority in the Electoral College; charges federal officials suspected of misconduct in office and removes them if guilty; and proposes amendments to the Constitution. Furthermore, the Senate confirms presidential appointments of federal officials and ratifies treaties.

List five nonlegislative powers of Congress.


Congress investigates charges of wrongdoing and problems that may require new legislation.

Why does Congress conduct investigations?


Congress oversees the executive branch by requiring executive agencies to report on their activities, asking the congressional support agencies to study an agency’s work, and reviewing each agency’s budget.

What are three methods that Congress uses to oversee the executive branch?


Congress and the president share the powers of paying expenses, appointing federal officials, and making treaties.

Identify three powers that Congress and the president share.


Causes include different constituencies, the system of checks and balances, congressional organization, party politics, and differing political timetables.

What are the main causes of conflict between the president and Congress?


The Supreme Court claimed it is an unconstitutional violation of the separation of powers principle. Presidents have called it a challenge to their authority.

On what grounds did the Supreme Court declare the legislative veto unconstitutional?


They might have divided powers they thought were basic to the process of government and would influence the exercise of other powers.

On what basis might the writers of the Constitution have decided which powers should go only to Congress and which powers Congress should share with the president?

If Congress never issued a declaration of war, how did the United States wind up sending troops to fight in Vietnam?

Chapter Bonus Question


When North Vietnamese patrol boats allegedly attacked American destroyers in the Gulf of Tonkin in August 1964, Congress passed a resolution that gave President Lyndon Johnson power to “take all necessary measures” to protect American forces. By the following spring, Johnson was sending American soldiers to Vietnam in ever-increasing numbers.


End of Chapter Assessment

Disc 1Disc 1Side 2Side 2

Chapter 6Chapter 6

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Powers of the CongressRatifying Treaties

Powers of the CongressDeclaring War

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Powers of the Congress

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Powers of the Congress

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Powers of the President

Checks and BalancesThis segment explores how each branch of government relies on the others to define limits on and set the scope of its powers.

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Influencing Congress Congressional staffs read hundreds of letters from constituents every day. These letters help give direction to decisions Congress makes in exercising its powers. It is important to learn what those powers are and how you can affect those decisions.

The Chapter 6 video lesson The Powers of Congress will show you how Congress impacts your life.

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The Powers of Congress

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Chapter 6

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• Recognize the purpose of the War Powers Resolution.

• Have a feel for the changing role of Congress and the president in decisions regarding war.

Objectives• Understand the difference between “making”

war and “declaring” war.

The Powers of Congress Disc 1

Side 1Chapter 6


ActivityWhat is the difference between “making” war and “declaring” war? Which power would you prefer if you were a political decision maker?

Making war implies the actual activity of marshaling troops, planning strategy, and carrying out maneuvers. Declaring war is the public assertion of government commitment to hostile action.


Disc 1Side 1

Chapter 6


ActivityDescribe the actions of the following presidents in making war: Harry Truman, Dwight Eisenhower, George Bush.

Harry Truman:

Dwight Eisenhower:

George Bush:


Disc 1Side 1

Chapter 6


sent troops to Korea

sent troops to Lebanon

sent troops to Kuwait to fight Iraq

ActivityWhat is the main requirement of the War Powers Resolution?

The president must consult with Congress within forty-eight hours after sending troops into war.


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Chapter 6


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End of Why It’s Important

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Section Focus Transparency 6-1 (1 of 2)


1. $50; $100

2. to borrow money from the purchasers, which helps finance government operations

3. Answers will vary but may include safety, ease, tax advantages, or patriotism.



1. as the most important function a Congressional committee can perform

2. Answers will vary but may mention the use of government supplies and equipment and use of paid government time at government facilities.

3. to collect information about the alleged illegal fundraising activities of the DNC



1. three

2. once

3. by making vetoed bills part of other bills which later became laws

The most bitter battle on treaty ratification in American history took place in 1919 when, despite the urging of President Woodrow Wilson, the Senate refused to ratify the Treaty of Versailles to end World War I.

Congress’s main job is to pass laws. From the simplest to the most complex, a federal law must begin with the following words: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. . .” Without those words, known as the enacting clause, an act of Congress is just a piece of paper, even though it has been, as required, passed in identical form by both the House and Senate and signed by the president.

In Congress Assembled. . .

This case made it clear that the authority of Congress to regulate interstate commerce (U.S. Const. art. I, § 8, cl. 3) includes the authority to regulate intrastate commercial activity that bears on, or relates to, interstate commerce. Before this decision, it was thought that the Constitution would permit a state to close its borders to interstate commercial activity–which, in effect, would stop such activity in its tracks. This case says that a state can regulate purely internal commercial activity, but only Congress can regulate commercial activity that has both intrastate and interstate dimensions.

Gibbons v. Ogden (1824)

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The Congress shall have the Power… To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

U.S. ConstitutionArticle I, Section 8, Clause 3


This case upheld the Civil Rights Act of 1964, which prohibits racial discrimination by those who provide goods, services, and facilities to the public. The Georgia motel in the case drew its business from other states but refused to rent rooms to African Americans. The Supreme Court explained that Congress had the authority to prohibit such discrimination under both the equal protection clause (U.S. Const. amend. XIV, § 1) and the commerce clause (U.S. Const. art. I, § 8, cl. 3).

Heart of Atlanta Motel, Inc. v. United States (1964)

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With respect to the commerce clause, the Court explained that hotels and motels are involved in interstate commerce and that Congress had ample evidence to conclude that racial discrimination by hotels and motels impedes interstate commerce.

Heart of Atlanta Motel, Inc. v. United States (cont.)


All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

U.S. ConstitutionAmendment 14, Section 1


The Congress shall have the Power… To regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes.

U.S. ConstitutionArticle I, Section 8, Clause 3


This case limited the authority of congressional committees to hold witnesses in contempt for refusing to answer questions. The Supreme Court explained that a witness can be required to answer questions posed by a committee of Congress, but only if the questions are relevant to the committee’s purpose. The Court also held that a witness before a congressional committee can invoke the Fifth Amendment’s privilege against self-incrimination.

Watkins v. United States (1957)


This case held that legislative action by Congress must comply with the Constitution. In this case, the Supreme Court concluded that the Constitution did not permit one house, acting unilaterally, to override the decision of the attorney general allowing an alien, Chadha, to remain in the United States. The Court said that the attorney general’s decision could be set aside only by legislation passed by both houses and signed into law by the president, or passed a second time by a two-thirds vote of both houses in the event of a presidential veto.

Immigration and Naturalization Service v. Chadha (1983)


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Welcome to Presentation Plus! Contents Chapter Focus Section 1Constitutional PowersSection 1 Section 2Investigations and OversightSection 2 Section 3Congress