Presentation Plus! United States Government: Democracy in Action
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Chapter Focus
Section 1 Constitutional Powers
Section 2 Investigations and
Oversight
Section 3 Congress and the
President
Chapter Assessment
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Chapter Objectives
• Constitutional Powers Identify and explain
classifications of powers through which Congress
makes laws for the nation. (Section 1) 
• 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)
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Chapter Concepts
• Section 1 Constitutional Interpretations
• Section 2 Checks and Balances 
• Section 3 Checks and Balances
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
Making It Relevant Transparency
The next slide is a political cartoon
concerning the issue of lobbyists. Some
people feel that lobbyists have too much
influence over politicians.
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Making It Relevant 6
End of Chapter Focus
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Constitutional Powers
Key Terms
expressed powers, necessary and
proper clause, implied powers, revenue bill,
appropriations bill, interstate commerce,
impeachment 
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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information. Additional lecture notes appear on the following slides.
Constitutional Powers
Understanding Concepts
Constitutional Interpretations On what
types of issues did the Founders restrict
congressional actions with the addition of the
Bill of Rights? 
Section Objective
Identify and explain classifications of
powers through which Congress makes
laws for the nation.
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information. Additional lecture notes appear on the following slides.
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. 
• The specific nature of that role has
developed and changed over time.
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Constitutional Provisions
• The Constitution describes the legislative
powers of Congress in Article I, Section 8,
Clauses 1-18. 
• 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.
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Constitutional Provisions (cont.)
• This necessary and proper clause
implies that Congress has powers beyond
those expressed in the first 17 clauses. 
• 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.
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Conflicting Interpretations
• The Supreme Court has often been the site
of conflict over what is “necessary and
proper” legislation. 
• 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.
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Powers Denied
• The powers of Congress, like those of
other branches of the national government,
are limited. 
• One important constitutional limit on
congressional power is the Bill of Rights. 
• Other limits on congressional power: 
– 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.
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Powers Denied (cont.)
– Congress does not have the authority to pass
bills of attainder, laws that establish guilt and
punish people without allowing them a trial. 
– 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.
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Legislative Powers
• Congress has both legislative and
nonlegislative 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.
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The Taxing and Spending Power
• 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. 
• It allows Congress to influence national
policy in many areas because no
government agency can spend money
without congressional authorization.
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The Taxing and Spending Power (cont.)
• 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. 
• The legislative process for appropriations
bills–proposed laws to authorize spending
money–is not spelled out in the
Constitution, but has developed through
usage.
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The Taxing and Spending Power (cont.)
• Spending requests generally come from
the executive branch. Today, most are
presented to Congress in the president’s
annual budget proposal. 
• 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.
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Other Money Powers
• Article I allows Congress to borrow to help
pay for the cost of government, which it
does in various ways. 
• 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.
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Other Money Powers (cont.)
• This debt, almost $1 trillion in 1980 and
about $3.2 trillion in 1990, reached almost
$6 trillion in 2000. 
• As part of Congress’s money powers, the
Constitution gives the legislative branch the
power to coin money and to regulate its
value.
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Other Money Powers (cont.)
• 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. 
• 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.
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The Commerce Power
• Article I, Section 8, Clause 3, authorizes
Congress to regulate foreign commerce
and interstate commerce, or commerce
among the states. 
• 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.
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Gibbons v. Ogden
• The landmark decision on this subject
came in Gibbons v. Ogden (1824). 
• 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.
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Gibbons v. Ogden (cont.)
• Congress has used its power over
interstate commerce to set policy in many
other areas. 
• 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.
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Heart of Atlanta Motel v. United
States
• In 1964 Congress used its commerce
power to pass the landmark Civil Rights
Act. 
• 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.
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Heart of Atlanta Motel v. United
States (cont.)
• 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.
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Foreign Policy Powers
• Congress has important powers in the
areas of foreign policy and national
defense. 
• Chief among these are the powers… 
– 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.
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Foreign Policy Powers (cont.)
• Congress shares these powers with the
president. Historically it generally has
submitted to presidential leadership in
this area. 
• 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).
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Foreign Policy Powers (cont.)
• Therefore, in 1973, over President
Nixon’s veto, Congress passed the War
Powers Act. 
• This law forbids the president to commit
American forces to combat for more than
60 days without congressional notification
within 48 hours.
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Providing for the Nation’s Growth
• The Constitution also grants Congress
power over naturalization, the process
by which immigrants to the United States
may become citizens. 
• In addition, Article IV, Section 3,
authorizes Congress to admit new states
and pass laws needed to govern any
territories.
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Providing for the Nation’s Growth
(cont.)
• 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.
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Other Legislative Powers
• Article I, Section 8, gives Congress the
power to grant copyrights and patents. 
• 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.
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Other Legislative Powers (cont.)
• Also under Article I, Section 8,
Congress has the power to establish
a post office and federal courts.
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Nonlegislative Powers
• While most of their nonlegislative
functions require their cooperation,
usually each house of Congress
performs a different function in
exercising these powers.
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The Power to Choose a President
• The Constitution requires a joint session of
Congress to count the Electoral College
votes–largely a ceremonial function in
modern times. 
• 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.
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The Power to Choose a President
(cont.)
• The Senate, by majority vote, chooses
the vice president from the two candidates
with the most electoral votes. 
• 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.
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The Removal Power
• The Constitution grants Congress the
power to remove from office any member
of the executive or judicial branches of
government. 
• 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.
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The Removal Power (cont.)
• 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. 
• 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.
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The Removal Power (cont.)
• 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. 
• In February 1999 the Senate acquitted the
president by failing to obtain the two-thirds
majority necessary to convict on either
charge.
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The Confirmation Power
• The Senate has the power to approve
presidential appointments of federal
officials–military officers, cabinet positions,
regulatory officials, diplomats, and federal
judges. 
• Nominees to the Supreme Court receive
the most scrutiny–20 percent are rejected.
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The Ratification Power
• Article II, Section 2, of the Constitution
gives the Senate the exclusive power to
ratify treaties between the United States
and other nations. 
• 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.
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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.
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The Amendment Power
• 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. 
• 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.
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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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Investigations and Oversight
Key Terms
subpoena, perjury, contempt, immunity,
legislative veto 
Find Out
• In what ways are a witness’s rights in a
congressional investigation similar to
and different from a witness’s rights in
court? 
• By what methods does Congress
exercise its powers of legislative
oversight?
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Additional lecture notes appear on the following slides.
Investigations and Oversight
Understanding Concepts
Checks and Balances How does the
power of Congress to oversee the carrying
out of laws serve as a check on the
executive branch? 
Section Objective
Discuss occasions in which Congress
has exercised its power to conduct
investigations and practice legislative
oversight.
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Additional lecture notes appear on the following slides.
Introduction
• Most congressional powers are either
legislative or nonlegislative powers, and
they are either expressed powers or
implied powers. 
• 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.
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The Power to Investigate
• The Founders neither granted nor denied
Congress the power to conduct
investigations. 
• 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.
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The Investigation Process
• A standing committee or a select
committee may conduct investigations,
which can last for days or months. 
• 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.
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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.
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Congressional Powers and
Witness Rights
• Although congressional investigations are
not trials, Congress has several powers
that help committees collect evidence. 
• 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.
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Congressional Powers and
Witness Rights (cont.)
• Witnesses who do not tell the truth can be
criminally prosecuted for perjury, or lying
under oath. 
• 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.
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Congressional Powers and
Witness Rights (cont.)
• Until recent years, witnesses called to
testify in person before a congressional
committee had few rights. This situation
has changed. 
• In Watkins v. United States (1957), the
Supreme Court ruled that Congress
must respect witnesses’ constitutional
rights just as a court does.
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Congressional Powers and
Witness Rights (cont.)
• 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. 
• Immunity is freedom from prosecution
for witnesses whose testimony ties them
to illegal acts.
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Congressional Powers and
Witness Rights (cont.)
• 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.
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Legislative Oversight
• The power of legislative oversight
involves a continuing review of how
effectively the executive branch carries out
the laws Congress passes. 
• Under its commerce power and the
necessary and proper clause, Congress
has created a huge bureaucracy over
which it must keep watch.
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The Practice of Legislative Oversight
• Legislative oversight is a good example
of the constitutional principle of checks
and balances. 
• 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.
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Limits on Legislative Oversight
• In practice, however, lawmakers exercise
the power of legislative oversight in an
inconsistent way. 
• There are several reasons that legislative
oversight is not carried out consistently: 
– 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.
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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.
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Congressional Limits on
Executive Activities
• Congress exercises its oversight power in
several ways. 
• 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.
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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.
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Congressional Limits on
Executive Activities (cont.)
• 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.
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Congressional Limits on
Executive Activities (cont.)
• 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.
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Independent Counsel
• In 1994 Congress renewed the
independent counsel law originally passed
in 1978. 
• 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.
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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.
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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.
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End of Section 2
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Congress and the President
Key Terms
national budget, impoundment

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?
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Additional lecture notes appear on the following slides.
Congress and the President
Understanding Concepts
Checks and Balances Why do some
people state that deadlock and inaction are
built-in features of American government? 
Section Objective
Analyze the dynamics in the relationship
between the legislative and executive
branches of the federal government.
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Additional lecture notes appear on the following slides.
Introduction
• Many of the president’s most important
executive responsibilities require
congressional cooperation. 
• 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.
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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.
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Cooperation and Conflict
• The level of cooperation between
Congress and the president has varied
throughout history. 
• 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.
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Constituents and Conflict
• A large national electorate chooses
presidents who promote policies they
believe are in the best interests of the
entire nation. 
• 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.
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Checks and Balances
• The system of checks and balances gives
Congress and the president the power to
counteract each other. 
• 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.”
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Party Politics
• Partisan political differences can affect
the relationship between the president
and Congress. 
• 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.
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Organization as a Cause of Conflict
• The organization of Congress provides
many weapons to those who want to resist
a legislative proposal of the president. 
• 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.
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Organization as a Cause of Conflict
• Conflicts in government occur
when a president wants a major
proposal approved and a committee
tries to delay, revise, or defeat it.
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(cont.)
Differing Political Timetables
• Conflicts may also occur because the
president and Congress have different
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.
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Differing Political Timetables (cont.)
• 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. 
• Lawmakers in both houses may not be
eager to act on legislation that does not
directly benefit their states or districts.
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The Struggle for Power
• The system of checks and balances makes
it likely that the president and Congress will
always compete 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.
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Curbing the President’s Emergency
Powers
• In times of crisis, Congress has delegated
additional powers to the president. 
• 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.
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Curbing the President’s Emergency
Powers (cont.)
• Presidents no longer possess automatic
emergency powers. 
• 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.
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The Budget Impoundment and
Control Act
• Over the years presidents have assumed
more responsibility for planning the
national budget, the yearly financial plan
for the entire national government. 
• In 1974 Congress passed the
Congressional Budget and Impoundment
Control Act in an effort to increase its role
in planning the budget.
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The Budget Impoundment and
Control Act (cont.)
• The act established a permanent budget
committee for each house and created a
Congressional Budget Office (CBO) to
provide financial experts to help
Congress. 
• In addition, the act limited impoundment–
the president’s refusal to spend money
Congress has voted to fund a program.
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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.
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Use of the Legislative Veto
• More than 200 laws have contained some
form of legislative veto between 1932 and
1983, when it was declared
unconstitutional. 
• 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.
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Line-Item Veto
• The Constitution provides for a presidential
veto of entire bills. 
• 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.
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Line-Item Veto (cont.)
• Signed into law by President Clinton, the
bill authorized the president to veto
spending items and certain limited tax
breaks. 
• 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.
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Line-Item Veto (cont.)
• 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. 
• In 1998 the Supreme Court ruled the LineItem Veto Act unconstitutional.
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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.
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Why has power shifted back and forth
between the president and Congress over
the years?
Strong presidents challenge congressional
supremacy.
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End of Section 3
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How are expressed powers and implied
powers related?
Implied powers are necessary to carry out
expressed powers.
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Why has the power to regulate interstate
commerce become such an important
power of Congress?
The definition of interstate commerce has
expanded to give Congress authority over
virtually everything that crosses state lines.
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List five nonlegislative powers 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.
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Why does Congress conduct
investigations?
Congress investigates charges of wrongdoing
and problems that may require new legislation.
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What are three methods that Congress
uses to oversee the executive branch?
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.
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Identify three powers that Congress and
the president share.
Congress and the president share the powers of
paying expenses, appointing federal officials,
and making treaties.
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What are the main causes of conflict
between the president and Congress?
Causes include different constituencies, the
system of checks and balances,
congressional organization, party politics,
and differing political timetables.
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On what grounds did the Supreme
Court declare the legislative veto
unconstitutional?
The Supreme Court claimed it is an
unconstitutional violation of the separation of
powers principle. Presidents have called it a
challenge to their authority.
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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?
They might have divided powers they thought
were basic to the process of government and
would influence the exercise of other powers.
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Chapter Bonus Question
If Congress never issued a declaration of
war, how did the United States wind up
sending troops to fight in Vietnam?
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.
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End of Chapter Assessment
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Use the MindJogger videoquiz as a
preview, review, or both.
Click the Videodisc button to play the
MindJogger video if you have a
videodisc player attached to your
computer.
Disc 1
Side 2
Chapter 6
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Troubleshooting section in the Help
system.
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videodisc player attached to your computer.
Powers of the Congress
Ratifying Treaties
Powers of the Congress
Declaring War
Click a blue hyperlink to select an ABCNews Interactive video segment.
Powers of the Congress
Ratifying Treaties
This segment explores the Senate’s power to
ratify or reject treaties.
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Side 1
Chapter 45
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Powers of the Congress
Declaring War
This segment explores the declaration of war
after the Japanese attack on Pearl Harbor.
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attached to your computer.
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Help system.
Side 1
Chapter 17
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attached to your computer.
Powers of the President
Checks and Balances
This 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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Side 2
Chapter 14
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attached to your computer.
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.
Click the forward button or press the space bar to access
the Democracy In Action preview and activities.
The Powers of
Congress
Disc 1
Side 1
Chapter 6
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anytime throughout this
section to play the complete
video if you have a videodisc
player attached to your
computer.
Click inside this box to play the preview.
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view the discussion questions
and other related slides.
The Powers of
Congress
Disc 1
Side 1
Chapter 6
Objectives
• Understand the difference between “making”
war and “declaring” war. 
• Recognize the purpose of the War Powers
Resolution. 
• Have a feel for the changing role of
Congress and the president in decisions
regarding war.
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The Powers of
Congress
Disc 1
Side 1
Chapter 6
Activity
What 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.
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The Powers of
Congress
Disc 1
Side 1
Chapter 6
Activity
Describe the actions of the following presidents in
making war: Harry Truman, Dwight Eisenhower,
George Bush.
Harry Truman:
sent troops to Korea
Dwight Eisenhower:
sent troops to Lebanon
George Bush:
sent troops to Kuwait to fight Iraq
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The Powers of
Congress
Activity
What 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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Disc 1
Side 1
Chapter 6
End of Why It’s Important
Click the mouse button to return to the Contents.
Explore online information about the
topics introduced in this chapter.
Click on the Connect button to launch your browser and go to the
United States Government: Democracy in Action Web site. At
this site, you will find interactive activities, current events
information, and Web sites correlated with the chapters and units
in the textbook. When you finish exploring, exit the browser
program to return to this presentation. If you experience difficulty
connecting to the Web site, manually launch your Web browser
and go to gov.glencoe.com
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.
Section Focus Transparency 6-1 (2 of 2)
Section Focus Transparency 6-2 (1 of 2)
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
Section Focus Transparency 6-2 (2 of 2)
Section Focus Transparency 6-3 (1 of 2)
1. three
2. once
3. by making vetoed
bills part of other
bills which later
became laws
Section Focus Transparency 6-3 (2 of 2)
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.
In Congress Assembled. . .
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.
Gibbons v. Ogden (1824)
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.
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U.S. Constitution
Article I, Section 8, Clause 3
The Congress shall have the Power… To regulate
Commerce with foreign Nations, and among the several
States, and with the Indian Tribes.
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Heart of Atlanta Motel, Inc. v.
United States (1964)
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).
(Continued)
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Heart of Atlanta Motel, Inc. v.
United States (cont.)
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.
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U.S. Constitution
Amendment 14, Section 1
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.
Click the Section Start button to return to the lecture notes.
U.S. Constitution
Article I, Section 8, Clause 3
The Congress shall have the Power… To regulate
Commerce with foreign Nations, and among several
States, and with the Indian Tribes.
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Watkins v. United States (1957)
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 selfincrimination.
Click the Section Start button to return to the lecture notes.
Immigration and Naturalization
Service v. Chadha (1983)
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.
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