4 4 The Implied and Nonlegislative Powers 4

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[ 4. 4 ] The Implied and Nonlegislative Powers

[ 4. 4 ] The Implied and Nonlegislative Powers

[ 4. 4 ] The Implied and Nonlegislative Powers Learning Objectives • • Explain

[ 4. 4 ] The Implied and Nonlegislative Powers Learning Objectives • • Explain how the Necessary and Proper Clause gives Congress flexibility in lawmaking. Compare the strict construction and liberal construction positions on the scope of congressional power. Describe the ways in which the implied powers have been applied. Describe the investigatory powers of Congress. Identify the executive powers of Congress. Describe the power of Congress to impeach, and summarize presidential impeachment cases. Describe the role of Congress in amending the Constitution and its electoral duties.

[ 4. 4 ] The Implied and Nonlegislative Powers Key Terms • • •

[ 4. 4 ] The Implied and Nonlegislative Powers Key Terms • • • • Necessary and Proper Clause strict constructionist Thomas Jefferson liberal constructionist Alexander Hamilton consensus Barack Obama appropriate George W. Bush Samuel Alito impeach Andrew Johnson acquit Abraham Lincoln perjury censure • • Richard Nixon subpoena John Quincy Adams successor

The Necessary and Proper Clause What does the Constitution have to say about education?

The Necessary and Proper Clause What does the Constitution have to say about education? Nothing, not a word. Still, Congress provides tens of billions of dollars every year for the United States Department of Education to spend in a variety of ways throughout the country. Look around you. What indications of these federal dollars can you find in your local school? If you attend a public school anywhere in the United States, that evidence should not be hard to spot.

The Necessary and Proper Clause • • Strict vs. Liberal Construction Prevails

The Necessary and Proper Clause • • Strict vs. Liberal Construction Prevails

The Necessary and Proper Clause Lunchtime at the Ann Richards School for Young Women

The Necessary and Proper Clause Lunchtime at the Ann Richards School for Young Women Leaders in Austin, Texas. Through its implied powers, Congress has provided funding for school lunch programs.

The Necessary and Proper Clause Modern lawmakers must try to interpret the Framers' intent

The Necessary and Proper Clause Modern lawmakers must try to interpret the Framers' intent in light of modern circumstances. Analyze Charts Without its implied powers, how effectively could Congress address new situations?

The Necessary and Proper Clause Strict constructionists battled with liberal constructionists over congressional powers.

The Necessary and Proper Clause Strict constructionists battled with liberal constructionists over congressional powers. Analyze Charts How would each want Congress to address new situations not originally anticipated?

The Doctrine in Practice The ways in which the Necessary and Proper Clause has

The Doctrine in Practice The ways in which the Necessary and Proper Clause has been construed (interpreted) and applied over the last 200 years has enabled the National Government to meet the changing needs of the times. As a result, it has virtually eliminated the need for frequent amendment of the Constitution.

The Doctrine in Practice • • • The Commerce Clause Limits on the Commerce

The Doctrine in Practice • • • The Commerce Clause Limits on the Commerce Power The War Powers

The Doctrine in Practice The 2009 government bailout and subsequent takeover of failing automotive

The Doctrine in Practice The 2009 government bailout and subsequent takeover of failing automotive companies Chrysler, Ford, and General Motors was an example of the exercise of the doctrine of implied powers.

The Doctrine in Practice Congress’ expressed and implied use of the commerce power is

The Doctrine in Practice Congress’ expressed and implied use of the commerce power is not unlimited. Analyze Charts Why are limits on the commerce power important?

The Power to Investigate Congress has the power to investigate—to inquire into, or inform

The Power to Investigate Congress has the power to investigate—to inquire into, or inform itself on—any matter that falls within the scope of its lawmaking authority. The authority to do so is implied by the Constitution’s grant of the legislative power to Congress, in Article I, Section 1. Both the House and Senate exercise that power through the standing committees and their subcommittees and often through special committees, as well.

The Power to Investigate • Recent Investigations

The Power to Investigate • Recent Investigations

The Power to Investigate Senator Joseph Mc. Carthy and his aide listen to proceedings

The Power to Investigate Senator Joseph Mc. Carthy and his aide listen to proceedings at a Senate investigation in 1954 into alleged attempts to obtain an Army reserve officer commission for Mc. Carthy’s political ally.

Executive Powers The Constitution gives two executive powers to the Senate. One of those

Executive Powers The Constitution gives two executive powers to the Senate. One of those powers has to do with appointments to office, and the other with treaties made by the President. (Article II, Section 2, Clause 2)

Executive Powers • • Appointments Treaties

Executive Powers • • Appointments Treaties

Executive Powers Even though it has not occurred often, Congress has rejected several presidential

Executive Powers Even though it has not occurred often, Congress has rejected several presidential cabinet nominees. Analyze Charts How does the political climate play a role in the reason for rejection?

Executive Powers Charles “Chuck” Hagel speaks to troops during a visit to Afghanistan, his

Executive Powers Charles “Chuck” Hagel speaks to troops during a visit to Afghanistan, his first trip as U. S. secretary of defense. Hagel was confirmed to the position in 2013 by a vote of 58 to 41.

Impeachment The Constitution provides that the President, Vice President, and all civil officers of

Impeachment The Constitution provides that the President, Vice President, and all civil officers of the United States may “be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. ” (Article II, Section 4) A close reading of those words suggests that the Framers expected that only serious criminal offenses, not political disagreements, would lead to impeachment. Politics has, nevertheless, been at the root of most impeachment controversies.

Impeachment • • • Andrew Johnson Bill Clinton Richard Nixon

Impeachment • • • Andrew Johnson Bill Clinton Richard Nixon

Impeachment President Bill Clinton appears at a news conference after an impeachment vote by

Impeachment President Bill Clinton appears at a news conference after an impeachment vote by the House. Clinton was acquitted on the two articles of impeachment: perjury and obstruction of justice.

Impeachment Congress has impeached and removed eight judges from the bench since 1804. Analyze

Impeachment Congress has impeached and removed eight judges from the bench since 1804. Analyze Charts Why does Congress need this impeachment power over judges?

Other Powers Congress is a legislative body; its primary function is to make law.

Other Powers Congress is a legislative body; its primary function is to make law. But the Constitution does give it some other chores to perform as well.

Other Powers • • Constitutional Amendments Electoral Duties

Other Powers • • Constitutional Amendments Electoral Duties

Other Powers Flag burning is a controversial issue in the United States. Although amendments

Other Powers Flag burning is a controversial issue in the United States. Although amendments to prohibit flag burning have been requested, none have been passed by Congress.

Other Powers One presidential candidate must receive the majority of the electoral college votes.

Other Powers One presidential candidate must receive the majority of the electoral college votes. Analyze Charts What is an example of a situation that might prevent any candidate from winning a majority?

Quiz: The Necessary and Proper Clause Which of the following BEST characterizes a strict

Quiz: The Necessary and Proper Clause Which of the following BEST characterizes a strict constructionist view of congressional power? A. Congress should only exercise its implied powers when necessary to uphold an expressed power. B. Congress should exercise only those powers explicitly listed in the Constitution. C. Broad use of the implied powers is necessary to keep the nation strong. D. Congress needs powers stronger than those held by the States.

Quiz: The Doctrine in Practice Which expressed power has Congress used to apply its

Quiz: The Doctrine in Practice Which expressed power has Congress used to apply its implied powers to authorize funding for schools? A. B. C. D. borrowing power commerce power tax power currency power

Quiz: The Power to Investigate If Congress wanted to conduct an investigation into the

Quiz: The Power to Investigate If Congress wanted to conduct an investigation into the job performance of the President’s Treasury Secretary, which agency would it most likely use? A. B. C. D. Congressional Budget Office Congressional Research Service Government Accountability Office Federal Bureau of Investigation

Quiz: Executive Powers The President is negotiating a treaty with Mozambique. How must Congress

Quiz: Executive Powers The President is negotiating a treaty with Mozambique. How must Congress be involved in this task? The President A. B. C. D. asks influential House members to approve the funding for the treaty. does not need to involve Congress, but as a courtesy keeps them informed. needs to get the approval of the Senate Foreign Relations Committee. needs the Senate to approve the treaty by a two-thirds vote.

Quiz: Impeachment Which of the following correctly represents the impeachment powers with regard to

Quiz: Impeachment Which of the following correctly represents the impeachment powers with regard to Presidents Andrew Johnson and Bill Clinton? Both were A. B. C. D. acquitted by the House and impeached by the Senate. impeached by the House and acquitted by the Chief Justice. impeached by the House and acquitted by the Senate. subpoenaed by the House and impeached by the Senate.

Quiz: Other Powers Which of the following is an electoral duty the Constitution grants

Quiz: Other Powers Which of the following is an electoral duty the Constitution grants to Congress? A. The House elects a President if no one receives a majority of electoral votes. B. The House elects a Vice President if a third-party candidate receives the majority of the electoral votes. C. The Senate elects a President if the House cannot reach a majority vote on a candidate. D. The Senate elects a Vice President when there is a vacancy in the vice presidency.