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Chapter 6 - Constitutional Powers

Terms in this set (9)

Expressed Powers
Also called enumerated powers; part of article I section 8 of the constitution; clauses 1-18; the last clause (18) gives rise to implied powers because it says that congress can do anything "necessary and proper" to carry out it's other powers; 18 is called elastic clause
Strict constructionist vs loose constructionist
Strict constructionist believe in a more literal interpretation of the constitution while loose constructionist believe in more interpretation
powers denied
Bill of rights is a big limiter; article I section 9 denies a bunch of stuff like writ of habeas corpus - a court order to release a person accused of a crime to court to determine whether he has been legally detained
Legislative Powers of Congress
Legislative - the power to pass laws; congress control over the economy - taxing, spending, and regulating commerce; power of the purse - levy taxes; revenue bills raise money (originate in the house of reps and go to senate); appropriations bills are proposed laws to authorize spending money (not spelled out in constitution); congress uses money powers to regulate economy; congress can also borrow money to help pay for the cost of gov, usually by authorizing the sale of government securities (bonds, notes) -> borrowing leads to national debt; congress can also coin money and regulate its value; power to punish counterfeiters; congress can make laws concerning bankruptcy but usually leaves bankruptcy matters to the states; congress has power to regulate foreign and interstate commerce -> supreme court has expanded the definition of commerce to give congress even greater power; commerce clause has been used a lot in civil rights to help prohibit discrimination in placed of public accommodation and in jobs; court decides that congress gets broad commerce powers that are not necessarily economic; power to approve treaties, to declare war, to create and maintain an army and navy, to make rules governing land and naval forces, and regulate foreign commerce; Congress passed the war powers act in 1973 that forbids the president to commit american forces to combat for more than 60 days without congressional notification within 48 hours; congress has the power over naturalization - process of immigrants becoming citizens; power to admit new states; power to govern federal property; power to grant copyrights and patents; power to establish a post office and federal courts
Nonlegislative powers of congress
Nonlegislative - power to confirm or deny presidential appointments; constitution requires a joint session of congress to count the electoral college votes; if no candidate for president has a majority of electoral votes, the house chooses the president from three candidates with the most votes; twentieth and tweny-fifth amemdments give congress power to settle problems arising from the death of elected presidents and candidates; when vice president office is vacant, the president appoints a replacement -> both houses of congress approve the vice president; congress can remove any federal official from office; house of reps has the power of impeachment - a formal accusation of misconduct in office; power to approve presidential appointments of federal officials; senate has the exclusive power to ratify treaties between the US and other nations -> 2/3rds of senators must vote; power to propose amendments -> 2/3rds vote by both houses or by a convention called by 2/3rds of the states; all amendments so far have started in congress
The power to investigate
founders neither granted nor denied congress the power to conduct investigations on groups; a standing committee or select committee may conduct investigations; investigations can lead to new legislation to deal with the investigated problem; congressional committees have the power to subpoena; subpoena - legal order that a person appear or produce requested documents -> used often by congress; committees can require witnesses to testify under oath; witnesses that lie are prosecuted for perjury (lying under oath); committees can punish people who refuse to testify by holding them in contempt; witnesses called to testify before a congressional committee used to have very few rights; supreme court ruled that congress must respect constitutional rights of witnesses -> congress has sidestepped this by granting immunity to witnesses; immunity - freedom from prosecution for witnesses whose testimonies tie them to illegal acts;
Legislative oversight
legislative oversight - continuing review of how effectively the executive branch (president) carries out laws; committees keep watch over executive agencies; good example of checks and balances; congress can check on how president administers the law; congress is inconsistent in legislative oversight; few committees review actions of president on a regular basis especially when majority of congress is of the same party; congress can use oversight by requiring executive agencies to submit reports to congress on their activities; can ask the GAO to study an executive agency's work; each year congress reviews the budgets of all agencies; legislative veto - congress writes changes into some laws that allowed a cancelation of executive agency actions; independant counsel is a special prosecutor for prosecuting high government officials fairly
Cooperation and Conflict
checks and balances results in a government stalemate; all bills require president signature; good cooperation between president and congress usually come when president doesn't make many demands on congress; recent presidents struggle with congress; national electorate chooses the president who protes policies that are in the best interests of the nation while states and districts select members of congress which represent a much narrower interests; president can threaten to veto so that members of congress can amend the bill or override the veto; when different parties control the white house and congress, sparks fly; the committee system can be a weapon against president and the rules of procedure as well; congress and the president may have different calendars too; presidents only get maximum 8 years to push their agenda while senators and reps can run infinite times
Struggle for Power
Congress dominated policy making in early US history; some presidents increased presidential power by dealing with changing conditions; checks and balances makes it likely that there will always be competion for power; times of crisis, congress gives more power to president (martial law, seized property, controlled transportaions); presidents have gained more power in planning the national budget over the years; impoundment control act gave more power to congress; impoundment - presidents refusal to spend money congress has voted to fund a program; legislative veto used to be used until declared unconstitutional; line item veto would enable presidents to veto certain lines of a bill -> president was granted the power to veto spending items and certain limited tax breaks; court says that line item veto is unconstitutional
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