The Development of Congressional Powers Constitutional Powers Expressed

The Development of Congressional Powers

Constitutional Powers • Expressed or Enumerated Powers – Article I Section 8 • Implied Powers – Necessary and Proper Clause • Elastic Clause – Mc. Culloch v. Maryland • Denied Powers – Suspension of writ of habeas corpus – Bills of Attainder and Ex Post Facto Laws

Legislative Powers • Taxing and Spending and Borrowing – Use of taxing power as incentives and to regulate – Coin money, punish counterfeiters, and make bankruptcy laws – National debt and deficits • Bonds

Legislative Powers • Commerce Power – Interstate commerce – Expansion of federal power – Gibbons v. Ogden 1824 – Civil Rights Act of 1964 • Heart of Atlanta Motel v. U. S. – Healthcare Law?

Legislative Powers • Foreign Policy Powers – Approve treaties • Senate – Declare war – Create and maintain an army and navy – Make rules governing land naval forces – Regulate foreign commerce – Clash with the president • War Powers Act

Legislative Powers • Other Powers – Naturalization – Admit new states and pass laws to govern territories – Pass laws to govern federal property – Copyrights and patents – Establish federal courts – Establish post office • Using mail for an illegal act is a federal crime

Nonlegislative Powers • Power to Choose a President – Count electoral votes – No majority in Electoral College • Removal Power – Impeachment • House • Treason, Bribery and Other High Crimes and Misdemeanors – Removal • Senate

Nonlegislative Powers • Confirmation Power – Senate • Ratification Power – Senate – Treaties • Amendment Power – 2/3 Congress proposes – ¾ States Ratify

Powers of Investigation and Oversight • Red Scare and Joe Mc. Carthy – Edward R. Murrow • Watergate • Iran/Contra • Clinton – Whitewater – Sex and Perjury • Independent Counsel

Congress and the President • Institutional Reasons for Conflict – Constituents – Checks and Balances – Party – Differing Timetables – Shared war making powers