Development of Congressional
Powers
Constitutional Powers
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The “necessary and proper” clause of the
Constitution enables Congress to expand its
powers.
Conflicting interpretations of the elastic clause
are reflected in Supreme Court rulings on the
power of Congress.
◦ Strict constructionists vs. Loose constructionists
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The powers of Congress are limited by the Bill of
Rights and the Constitution.
◦ Cannot suspend the writ of habeas corpus, pass bills of
attainder, or make ex post facto laws.
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Legislative Powers
◦ = the power to pass laws
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Congress has expanded this rights as the
nation has grown.
The most significant of Congressional
legislative power is in its control over the
economy- taxing, spending, and regulating
commerce.
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The Taxing and Spending Power
◦ The power to levy taxes and appropriate moneysometimes called the “power of the purse”- is one
of Congress’s most important powers.
◦ No government agency can spend money without
congressional authorization.
◦ “All bills for raising revenue shall originate in the
House of Representatives.”
 Designed to give states with larger populations more
sway in the taxing conversation.
◦ Appropriations bills authorize spending of money.
 Congress controls how this money is spent.
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Other Money Powers
◦ Power to borrow money
 The US has to borrow money to meets its operating
expenses.
 Leads to national debt which Congress frequently tries
to cap.
◦ Power to coin money
 Constitution allows Congress to coin money and to
regulate its value.
 All currency issued is legal tender and must be
accepted as payment.
◦ Power to make laws regarding bankruptcy
 Almost all bankruptcy cases are heard in federal court.
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The Commerce Powers
◦ Congress has the power to regulate foreign and
interstate commerce.
◦ Gibbons v. Ogden
 The courts ruled that all forms of business across state lines
fall under the commerce clause.
 The court has expanded the definition of commerce and
gave Congress even greater power.
◦ Heart of Atlanta Motel v. United States
 Upheld the Civil Rights Act which prohibits discrimination in
places of public accommodation such as restaurants, hotels,
and motels.
 Courts ruled that restaurants and motels served interstate
customers.
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Foreign Policy Powers
◦ The power to approve treaties
◦ The power to declare war
◦ The power to create and maintain an army and a navy
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Congress has the power over naturalization of
citizens and the admission of new states to the
Union.
Congress has the power to grant copyrights and
patents and the power to establish federal courts
and a post office.
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The power to choose a President
◦ If no presidential candidate has a majority of the
electoral votes, the House of Representatives
chooses the President from the top three
candidates.
◦ If no vice presidential candidate has an electoral
vote majority, the Senate chooses the vice president
from the top two candidates.
◦ It is possible that the President be from a different
party than the vice president.
◦ Congress has the power to settle problems arising
from the death of candidates or the president's
incapacity or resignation.
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The Removal Power
◦ Congress has the power to remove officials of the
executive or judicial branches from office by the process
of impeachment.
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The Confirmation Power
◦ The Senate has the power to approve officials appointed
by the President.
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The Ratification Power
◦ The Senate ratifies treaties between the United States
and other nations.
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The Amendment Power
◦ Congress shares with the state legislatures the power to
propose and ratify constitutional amendments.
Investigations and Oversight
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The Investigation Process
◦ Standing committees or select committees of
Congress investigate the conduct and ethics of
government officials and members of Congress.
◦ The committee’s staff members may travel around
the country collecting evidence and scheduling
witnesses.
◦ Investigations have a variety of consequences that
range from proposing new legislation to removing
officials from office.
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Congressional Power and Witness Rights
◦ Congressional investigations collect evidence,
subpoena witnesses, and grant witnesses immunity,
but they are not trials.
 Subpoena: legal order stating that a person must
appear in court or produce requested documents
◦ Witnesses are required to testify under oath.
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The practice of legislative oversight
◦ Congress uses the power of legislative oversight to
weigh how well the executive branch carries out the laws
enacted by Congress.
◦ The Legislative Reorganization Acts of 1946 and 1970
require Congress to review and study, on a continuing
basis, how the laws under its responsibility are
administered, applied, and executed.
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Limits on Legislative oversight
◦ Realistically, Congress cannot effectively monitor every
action of the executive branch.
◦ It does not have enough staff, time, or money to do so.
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Congressional limits on executive activities
◦ Congress uses its legislative oversight to require
executive agencies to submit reports on their activities,
to review those agencies’ budgets, and to direct the GAO
and Congress’s other support agencies to monitor the
executive agencies’ finances.
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Independent Counsel
◦ When Congress suspects wrongdoing, special
investigations or even the threat of such investigations
act as a strong deterrent to defying the intent of
Congress.
Congress and the President
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Constituents and Conflict
◦ The members of Congress represent local, more
narrow interests than the president, and therefore
their ideas often differ from the president’s.
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Checks and Balances
◦ The Constitution’s system of checks and balances
may cause conflicts between the legislative and the
executive branches.
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Party Politics
◦ Partisan differences can affect relations between
Congress and the president.
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Organization as a Cause of Conflict
◦ The organization of Congress and its procedures may
cause conflicts with the president.
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Differing Political Timetables
◦ Members of Congress often serve in government longer
than any president and may resist the president’s
timetable for enacting laws.
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Throughout the nation’s history, the balance
of power has shifted back and forth between
Congress and the president.
Curbing the President’s Emergency Powers
◦ Congress can limit or end the emergency powers it
has granted the president.
◦ The US was in a “state of emergency” for 35 years
after the Great Depression giving the President
expanded powers.
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The Budget Impoundment and Control Act
◦ Congress has reduced the president’s power in
planning the budget and spending money that
Congress has appropriated.
◦ The Congressional Budget and Impoundment
Control Act of 1974 established permanent budget
committees for each house, created the
Congressional Budget Office (CBO), and limited the
president’s ability to impound funds.
 Impoundment: President’s refusal to spend money
Congress has voted to fund a program
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The Budget Impoundment and Control Act
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The Congressional Budget Office provides financial
experts to help Congress increase its role in planning
the budget.
Use of the Legislative Veto
◦ Congress no longer uses the legislative veto but
still seeks to ensure that the president carries out
its intent in executing laws.
◦ Declared unconstitutional in 1983.
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Line-Item Veto
◦ In 1996 Congress authorized the line-item veto for
the president to veto specific spending items in
appropriation bills.
◦ In 1998 the Supreme Court declared the line-item
veto to be unconstitutional.