United States Government: Democracy in Action

Chapter 6: Development of Congressional Powers

Chapter Overviews

[logo] Essential Question
What powers did the Constitution give to the Congress, and how have these developed over time?

Section 1 Constitutional Powers
The Constitution describes the legislative powers of Congress in Article I, Section 8, Clauses 1–18. These expressed powers of Congress are called the enumerated powers. Loose constructionists interpret Clause 18 as giving Congress implied powers to do whatever is "necessary and proper" to carry out its other powers. Strict constructionists disagree. Congress's powers are limited by the Bill of Rights. In addition, Congress may not suspend the writ of habeas corpus, pass bills of attainder or ex post facto laws, or tax exports.

The legislative powers of Congress include the power to levy taxes. Laws for raising money start in the House and then go to the Senate. Congress can also borrow to pay for government costs, coin money and regulate its value, and make bankruptcy laws. Commerce powers of Congress include regulating foreign and interstate trade and prohibiting discrimination in public places. Congress shares power with the president to make foreign and national defense policy. The Constitution also gives Congress the power over naturalization, to admit new states and to govern territories, and to grant copyrights and patents.

The nonlegislative powers of Congress include counting the Electoral College votes for a new president, and breaking a tie if no candidate has a majority of votes. Congress also has the power to remove a federal official from office through impeachment. The Senate must approve presidential appoints to office and ratify formal treaties with other nations. Finally, Congress and state legislatures share the power to propose amendments to the Constitution.

Section 2 Investigations and Oversight
Congressional investigations into government failures and scandals have had a long history in American politics. A standing committee or a select committee may conduct investigations. Witnesses may be called to testify at committee hearings. Investigations can lead to new laws to deal with a problem, reforms in a government program, or to officials being fired and convicted.

Legislative oversight gives Congress the power to review executive branch activities on an ongoing basis. The president is required to send Congress an annual report on the nation's economy. The Government Accountability Office examines the finances of federal agencies to see if public money is being spent appropriately and legally. Congress also reviews the budgets of all agencies in the executive branch. The attorney general conducts ethics investigations of top officials.

Section 3 Congress and the President
The level of cooperation between Congress and the president has varied throughout history. The checks and balances system can often result in a government stalemate. The president may threaten to veto a bill, and Congress may override the veto because states or districts would benefit from the bill's passage. Politics driven by party loyalty also affects relations, especially if one party controls the White House and the other controls the House and Senate.

Congress dominated policy making the first 150 years of the Republic. Several strong presidents have challenged congressional supremacy, however. In times of crisis, Congress has given extra powers to the president, but the National Emergencies Act set procedures for how and when a state of emergency exists. The president plans the national budget, but the Congressional Budget Office provides financial expertise to analyze the budget.