What powers did the Constitution give to the Congress, and how have these developed over time?

Transcription

1 Chapter Audio Spotlight Video The Capitol Essential Question What powers did the Constitution give to the Congress, and how have these developed over time? Chapter Overview Visit connected.mcgrawhill.com for an overview, a quiz, and other chapter resources available for United States Government. R H Productions/Getty Images

2 SECTION Constitutional Powers Reader s Guide Content Vocabulary expressed powers (p. 57) necessary and proper clause (p. 57) implied powers (p. 57) revenue bill (p. 58) appropriations bill (p. 6) interstate commerce (p. 6) impeachment (p. 64) Academic Vocabulary initiate (p. 57) major (p. 58) bond (p. 6) Reading Strategy Use a graphic organizer to list the powers denied to Congress by the Constitution. Congress cannot... Issues in the News More than once during the Iraq war, Congress and the president quarreled over war powers. The Constitution made the president commander in chief and gave Congress the power to declare war, but this has not been enough to solve disputes. In 27 law professor Noah Feldman noted that the Constitution does not give any guidance on the question of winding down hostilities.... Can Congress undeclare a war? Congress holds the purse strings, so could it legally have withheld funding for President George W. Bush s troop surge in 27? Feldman thinks Congress will always hesitate to step in once a war is on. A controversial surge in U.S. troops in Iraq began in the summer of 27. Charlie Riedel/AP Images Can a president initiate military action without a declaration of war? The Constitution lays down many important principles, but it is not an exact blueprint. The Constitution is, in fact, unclear on many questions about how the president and Congress share power. Nearly half of its text, however, is on the legislative branch of Article I. This suggests the Framers wanted Congress, the branch that directly represents the people, to play the central governmental role. Constitutional Provisions The Constitution describes the legislative powers of Congress in Article I, Section 8, Clauses 8. These expressed powers of Congress are sometimes called the enumerated powers. The last clause (8) of Section 8 gives Congress power to do whatever is necessary and proper to carry out its other powers. This necessary and proper clause implies that Congress has powers beyond those in the first 7 clauses. Because these implied powers have allowed Congress to expand its role to meet the nation s needs, the necessary and proper clause has often been called the elastic clause. Conflicting Interpretations Because of the far-reaching implications of the expanding power of Congress, the Supreme Court has often had to resolve conflicts over what is See the following footnoted materials in the Reference Handbook:. The Constitution, pages R42 R67. CHAPTER 6: Development of Congressional Powers 57

3 necessary and proper legislation. The first major conflict was between supporters of strict construction, or interpretation, of the Constitution and those who believed in a loose construction. When the Second Bank of the United States was created in 86, the strict constructionists said Congress had no right to charter the Bank. They backed the state of Maryland when it taxed the notes of the Bank. A federal bank teller named James McCulloch then issued notes without paying the state tax, and Maryland sued. When the state won in its own courts, the U.S. government appealed to the Supreme Court. Its majority opinion, written by Chief Justice John Marshall, supported the position of the loose constructionists: The result of the most careful and attentive consideration bestowed upon this clause is, that if it does not enlarge, it cannot be construed to restrain the powers of Congress or to impair the right of the legislature to exercise its best judgment in the selection of measures to carry into execution the constitutional powers of the government. John Marshall Power of the Purse Powers Denied The powers of Congress, like those of the other government branches, are limited. One very important constitutional limit is the Bill of Rights, but Article I, Section 9, of the Constitution also denies certain powers to Congress. It 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. Congress may not pass bills of attainder laws that establish guilt and punish people without a trial. Congress is also prohibited from passing ex post facto laws, that is; they cannot make an act criminal that was legal when it was committed. Article I, Section 9, also denies Congress a number of other powers, including the power to tax exports. Legislative Powers Congress has both legislative and non-legislative powers. Non-legislative powers include the power to confirm or deny presidential appointments, which is a power of the Senate. Congress has expanded the domain of its legislative powers the power to pass laws as the nation has grown. The most significant expansion of congressional legislative power is in its control over the economy taxing, spending, and regulating commerce. Power of the Purse This early 27 cartoon used a domestic family situation to comment on a current issue: whether Congress should withhold funding in the middle of the Iraq war. What side is the cartoonist taking on that debate? Why do you think so? The Taxing and Spending Power Perhaps the most important power of Congress is the power to levy taxes to provide for the general welfare. Sometimes this is called the power of the purse. It allows Congress to influence policy because no government agency can spend money without its authorization. This broad authority to provide for the general welfare allows Congress to impose many taxes. For example, taxes on narcotics are meant to protect public health. Article I, Section 7, says All Bills for raising Revenue shall originate in the House of Representatives. Revenue bills, laws for raising money, start in the House and then go to the Senate. This provision was adopted at the Constitutional Convention because the more populous states, such as Virginia and Pennsylvania, insisted on having a greater voice in tax policy than the smaller states. Because representation in the House was to be based on population, the Founders agreed that any revenue bills introduced in Congress would originate there. Terry Wise/cartoonstock.com 58 UNIT 2: The Legislative Branch

4 Visit connected.mcgraw-hill.com. The Powers of Congress SELECTED EXPRESSED POWERS Money Powers Lay and collect taxes to provide for the defense and general welfare of the United States (Clause ); Borrow money (Clause 2); Establish bankruptcy laws (Clause 4); Coin, print, and regulate money (Clause 5); Punish counterfeiters of American currency (Clause 6) SELECTED IMPLIED POWERS Lay and collect taxes IMPLIES the power to support public schools, welfare programs, public housing, etc. Borrow money IMPLIES the power to maintain the Federal Reserve Board. Commerce Powers Regulate foreign and interstate commerce (Clause 3) Regulate commerce IMPLIES the power to prohibit discrimination in restaurants, hotels, and other public accommodations. Military and Foreign Policy Powers Declare war (Clause ); Raise, support, and regulate an army and navy (Clauses 2, 3, and 4); Provide, regulate, and call into service a militia, known as the National Guard (Clauses 5 and 6); Punish acts committed on international waters and against the laws of nations (Clause ) Raise and support army IMPLIES the right to draft people into the armed services. Other Legislative Powers Establish laws of naturalization (Clause 4); Establish post offices and post roads (Clause 7); Grant copyrights and patents (Clause 8); Create lower federal courts (Clause 9); Govern Washington, D.C. (Clause 7); Provide for laws necessary and proper for carrying out all other listed powers (Clause 8) Establish laws of naturalization IMPLIES the power to limit the number of immigrants to the United States. Critical Thinking The powers, structure, and procedures of Congress are defined in detail in the Constitution, whereas the duties of the president and the Supreme Court are not. How has Congress used the commerce clause to prevent discrimination in restaurants, hotels, and other public accommodations? CHAPTER 6: Development of Congressional Powers 59

5 The legislative process for appropriations bills meaning, laws proposed to authorize spending money is not spelled out in the Constitution. Instead, the process has developed through usage. Article I, Section 9, merely requires that No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law. 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 them to follow specific federal regulations. Congress can also levy taxes in a way that encourages or discourages consumers to buy a product heavy taxes on tobacco to discourage its use, for instance, or tax breaks to farmers who use corn to make ethanol, an alternative fuel. Congress also uses the power of the purse to regulate the economy. Cutting individual income taxes may encourage more spending, thus stimulating economic growth. Conversely, when Congress is worried about inflation, it may try to reduce federal spending. (Generally, however, inflation is an issue addressed by the Federal Reserve, which sets interest rates.) Other Money Powers Under Article, Congress has other money powers. A big one is its power to borrow to pay for government costs. Congress does this in various ways. The most common method is by authorizing the sale of government securities bonds or notes. When people buy savings bonds, Treasury bills, or Treasury notes, they are lending the government money. In return, the government promises to repay buyers with interest at the end of a specified period of time 3 months to 3 years, depending on the type of security. Because it must borrow to meet operating expenses, the government has a national debt the total amount the government owes at any given time. This debt, almost $ trillion in 98, was more than $9 trillion in 27. The Constitution does not restrict government borrowing, but Congress periodically tries to set an annual limit. In recent years, it has raised the ceiling as necessary so the government could borrow to pay its bills. The Law and You Minimum Wage Laws What pay should you expect when you look for a job? Generally, employers must pay a standard minimum wage set by federal law. However, many exceptions exist. If you are a student working for a retail business, in an agricultural job, or for a school s vocational education program, your employer is not required to pay minimum wage. In addition, employers can pay all workers under age 2 less than minimum wage for their first 9 days of employment. Other exceptions include workers who receive tips and seasonal employees. Meals your employer provides, or expenses your employer pays on your behalf, can also reduce your wage rate. Finally, federal law allows states to pass laws that can be more generous than the minimum wage. Your local employment services office can provide more information about wage laws in your state. Earning a wage Conduct Research Find out how the minimum wage affects jobs in your community. Gather information online, at the local library, or through interviews with local officials or businesspeople. Summarize what you learn in a letter to the local paper. 6 Masterfile Exploring the Law Activity

6 Bloomberg via Getty Images As part of Congress s money powers, the Constitution gives the legislative branch the power to coin money and to regulate its value. All currency issued by the federal government is legal tender, meaning that it must be accepted as payment. The money powers also allow Congress to make laws on bankruptcy legal proceedings to administer the assets of a person or business that cannot pay its debts. For nearly a century, Congress generally left these matters to the states. In 898 it passed the federal bankruptcy law that, with later amendments, remains in force. In 25 the Bush administration was successful in getting more revisions to the law. They made it harder for consumers to avoid paying debt when they file for bankruptcy a provision that allowed filers to get a fresh start. Opponents of the bill said credit card companies were partly responsible because they were giving out credit cards too easily. The Commerce Power Article I, Section 8, Clause 3, the so-called commerce clause of the Constitution, authorizes Congress to regulate foreign commerce and interstate commerce, or commerce among the states. In this clause, the Founders provided what has become one of the most sweeping powers of government. The Supreme Court has promoted the expansion of this power by consistently ruling that the meaning of commerce whether international or interstate far exceeds the mere buying and selling of goods and services. Gibbons v. Ogden Landmark Case The first decision on the breadth of the commerce powers did not come until 824 when the Court decided the landmark case Gibbons v. Ogden. The case came about because American inventor Robert Fulton and his business partner got a license from the state of New York to be the exclusive operator of a steamboat in New York waters. In 87 the steamboat began carrying passengers regularly between New York City and Albany. The company then granted Aaron Ogden a permit for steamboat operation across the Hudson River between New York state and New Jersey. Controversy began in the following years as others challenged this monopoly. One entrepreneur, Thomas Gibbons, started a competing line that operated boats between New York and New Jersey. Gibbons had no New York permit, but he had received a license from the federal government. An angry Ogden then sued Gibbons, and New York upheld Ogden s position. Gibbons, who felt his federal license gave him a solid claim, appealed the case. He argued that Congress, not New York, had the power to regulate commerce. New York meanwhile argued that federal commerce powers only covered the regulation of products, not navigation. Justice John Marshall disagreed emphatically: The Power to Borrow For years, the original national debt clock in Manhattan kept a running tab of the nation s debt. Seymour Durst, a concerned citizen, invented the computer-operated clock to dramatize the problem. Do you think the now over $4 trillion national debt is meaningful to average citizens? The subject to be regulated is commerce;... it becomes necessary to settle the meaning of the word. The counsel for the appellee [Ogden] would limit it to traffic, to buying and selling, or the interchange of commodities, and do not admit that it comprehends navigation.... Commerce, undoubtedly, is traffic, but it is something more: it is intercourse.... The mind can scarcely conceive a system for regulating commerce between nations, which shall exclude all laws concerning navigation.... John Marshall, 824 See the following footnoted materials in the Reference Handbook:. The Constitution, pages R42 R67. CHAPTER 6: Development of Congressional Powers 6

7 Over the years, the Supreme Court has further expanded its definition of commerce. Any widespread activity that can possibly be considered interstate commerce has been made subject to federal control broadcasting, banking and finance, and air and water pollution. This broad interpretation of commerce has allowed Congress to set policy in many areas. For example, Congress has required businesses engaged in interstate commerce to pay their employees a minimum wage. Because almost all businesses deal in some way with another state, Congress has been able to regulate working conditions across the nation. Heart of Atlanta Motel v. United States One of the most significant applications of the commerce clause has been in the area of civil rights. The Supreme Court intentionally used the commerce clause to uphold federal laws intended to protect equal rights in the United States. In 964 Congress passed major civil rights legislation: the Civil Rights Act. Among other things, this 964 legislation had a law that applied to public accommodations. It prohibited discrimination in restaurants, hotels, and motels. Many Southern states encountered resistance to the goals of this legislation. A Georgia motel owner who refused to serve African Americans as required by the new federal law immediately attacked the law. He claimed that his motel was a local business and therefore not part of the interstate commerce described in the Civil Rights Act. When the case was appealed to the Supreme Court, the justices disagreed with the motel owner s stand. In Heart of Atlanta Motel v. United States (964), the Court noted that public places of accommodation served travelers who crossed state boundaries. Such places also sold food that had crossed state lines. If African Americans were unable to find decent places to stay or eat, how would interstate commerce be able to take place? We, therefore, conclude that the action of Congress in the adoption of the Act as applied here to a motel which concededly serves interstate travelers is within the power granted it by the Commerce Clause of the Constitution, as interpreted by this Court for 4 years. Justice Tom C. Clark, 964 See the following footnoted materials in the Reference Handbook:. Heart of Atlanta Motel v. United States case summary, page R28. The War Powers Act Percent of Americans Opposed to the Vietnam War, Requires the president in all cases to consult with Congress before making any troop commitments Requires the president to inform Congress of any commitment of troops abroad within 48 hours Requires the president to withdraw troops in 6 to 9 days unless Congress explicitly approves the troop commitment Year Source: Gallup Critical Thinking The graph shows how public opinion changed on the issue of sending troops to fight in Vietnam. How might the Vietnam experience have affected attitudes toward the president s war powers? 62 UNIT 2: The Legislative Branch

8 The Court clearly supported Congress s use of the commerce powers when the economic issue was not the motive for the case. Since then, the commerce power has been used to support federal laws aimed at racketeering and arson, too. Foreign Policy Powers Congress shares power with the president to make foreign and national defense policy. Congress has the power to approve treaties, to declare war, to create and maintain an army and navy, to make rules governing land and naval forces, and to regulate foreign commerce. Historically Congress generally has let the president take the lead in these areas. As commander in chief, the president often sends troops on missions around the world without a declaration of war. Congress has declared war only five times, but the president has used troops in more than 2 international conflicts. Two major conflicts in the twentieth century, the Korean War and the Vietnam War, were fought without a declaration of war. Because the Vietnam War was costly and lost public support over time, Congress looked closely at how the United States was drawn into the Southeast Asian conflict. Specifically, it focused on the actions of President Lyndon Johnson that led to American troops being sent to Vietnam. Congress concluded that the Constitution did not intend the president to have this kind of power. In 973, over President Richard Nixon s veto, Congress passed the War Powers Act. Under this law, the president must notify Congress within 48 hours of any commitment of troops abroad and must withdraw them in 6 to 9 days unless Congress explicitly approves the action. Since the act s passage, both Republican and Democratic presidents have protested its constitutionality. Presidents have continued to send American troops abroad without a declaration of war by Congress. Troops were sent to Cambodia in 975; to Iran, Lebanon, Grenada, Libya, the Persian Gulf, and Panama in the 98s; to the Balkans and Somalia in the 99s; and to Afghanistan and Iraq in the 2s. Many of these incidents were not sustained actions, but in most cases the president adhered to the provisions of the War Powers Act. Providing for the Nation s Growth The Constitution gives Congress power over naturalization, the process by which immigrants become citizens. (See Chapter 4.) Under Article IV, Section 3, Congress also has the power to admit new states and govern any territories. Today, American territories such as Puerto Rico, Guam, the Virgin Islands, and Wake Island fall under this provision. Finally, Article I and Article IV give Congress the power to pass laws to govern federal property. When the Constitution was written, the Founders were thinking of military bases and government buildings, but today federal property also includes national parks, historic sites, and public lands. Other Legislative Powers Article I, Section 8, Clause 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 7 years. A patent is the exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period, currently 2 years, after which a patent may be renewed. Article I, Section 8, grants Congress the power to establish a post office and federal courts. Congress has also used its postal power to combat criminal activity; using the mail for any illegal act is a federal crime. Nonlegislative Powers In carrying out their legislative powers, the two Houses of Congress perform the same basic tasks considering, amending, and voting on bills. Most non-legislative functions require cooperation between the houses, but each house usually plays a distinct role in exercising these powers. The Power to Choose a President The Constitution requires Congress to hold a joint session to count the Electoral College votes for a new president. If no candidate has a majority, the House chooses the president from the three candidates with the most electoral votes. Each state has one vote in the House. For the vice presidency, a tie would be broken by a majority vote in the Senate from the top two vote-getters. It is, therefore, possible that the vice president could be from a different party than the president. See the following footnoted materials in the Reference Handbook:. The Constitution, pages R42 R67. CHAPTER 6: Development of Congressional Powers 63

9 Impeachment The House Judiciary Committee votes on whether to send impeachment articles to the full House. The full House examines the articles, calling witnesses and debating the evidence. The House votes on each article. If there is a majority, the official is impeached. Impeachment articles are sent to the Senate. The Senate tries the case. House members are prosecutors. Both sides have lawyers. More witnesses may be called. The Senate debates the evidence. It can vote to drop the case, censure the official, or convict to remove from office. Removal requires a two-thirds vote. National Crises In August 974, President Nixon resigned after a year-long ordeal. The House impeached President Clinton (right) in December 998; the Senate found him not guilty in February 999. Which Civil War-era president was impeached? Visit connected.mcgraw-hill.com. Only twice in American history has no presidential candidate captured a majority of electoral votes, requiring the election to be settled by these rules. In 8 the House elected Thomas Jefferson over Aaron Burr, and in 824 it chose John Quincy Adams over Andrew Jackson. Two amendments to the Constitution address situations related to the presidency. The Twentieth Amendment, ratified in 933, moved up the inauguration of a new president from March to January 2. This leaves less time when the old president is a lame duck, unable to rule effectively because he or she will be leaving office soon. The Twenty-fifth Amendment, ratified in 965, clearly lays out what happens if a president, vice president, or elected candidate dies or is incapacitated. The Removal Power The Constitution gives Congress the power to remove any federal official from office. The House See the following footnoted materials in the Reference Handbook:. The Constitution, pages R42 R67. is the chamber with power over impeachment the formal accusation of misconduct in office. If a majority of the House votes to impeach an official, the Senate then conducts a trial. A two-thirds vote of the senators present is required to convict and thus remove someone from office. If a president is impeached, the chief justice presides. Since 789, several federal judges, a Supreme Court justice, a cabinet secretary, and two presidents have been impeached. Several officials have been convicted by the Senate, but no presidents have been convicted. President Andrew Johnson came the closest, escaping conviction by only one vote. In 972 and 973 two reporters, Bob Woodward and Carl Bernstein, published a series of stories linking President Richard Nixon s administration to burglars who broke into Democratic Party offices in the Watergate Hotel. A Senate committee investigating the incident discovered other illegal activities, as well as evidence that the president had helped to cover up the crimes. When it was clear he would be impeached, Nixon resigned the first president in American history to do so. (l)bettmann/corbis, (r)david Burnett/CONTACT Press Images 64 UNIT 2: The Legislative Branch

10 Many attributed the Watergate crisis to an imbalance among the three branches: The executive, they said, had grown too strong, too imperial. In disputes between Congress and the president since Watergate, Congress often voices this complaint. In 998 President Bill Clinton was impeached by a narrow margin in the House. Clinton was charged with perjury and obstruction of justice because he lied under oath about his relationship with a White House intern. The Senate votes on the charges were well short of the two-thirds majority needed to remove the president from office. For many senators, the charges did not constitute Treason, Bribery, or other high Crimes and Misdemeanors. The Confirmation Power The Senate must approve presidential appointments to office. Often, Senate action is only a formality, but the Senate looks more closely at several hundred nominations to cabinet positions for regulatory agencies, major diplomatic and military posts, and the judiciary. Supreme Court nominees receive the most scrutiny. The Senate has rejected about 2 percent of Court nominations. The Ratification Power The Senate must also ratify formal treaties with other nations. To ratify a treaty, two-thirds of the senators present must vote for it. Senate action on treaties has usually not been a major factor in American foreign policy. In recent years, presidents have often bypassed the need for a treaty. Instead, they have negotiated executive agreements that do not require Senate approval. The Amendment Power Congress and state legislatures share the power to propose amendments to the Constitution. Amendments can be proposed by a two-thirds vote of both houses of Congress, or by a convention called by the legislatures of two-thirds of the states. The second method has never been used, but it raises this constitutional question. Can a constitutional convention called to propose a certain amendment then propose other amendments in addition to the one in the states original petition? Some people fear that once delegates meet, they might propose revisions on long-established provisions. Congress has considered, but not acted on, measures to prevent this from happening. Finally, Congress also has the power to determine whether state conventions or state legislatures will ratify a proposed amendment. 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. Congress has required all amendments except the Twenty-first Amendment (933), which repealed the Eighteenth Amendment on Prohibition to be ratified by state legislatures. Advocates of the Twenty-first Amendment believed they would have better support in conventions than in state legislatures because many of these bodies were dominated by Drys representatives who favored Prohibition. SECTION Review Vocabulary. Explain the significance of: expressed powers, necessary and proper clause, implied powers, revenue bill, appropriations bill, interstate commerce, impeachment. Main Ideas 2. Describing What are the foreign policy powers of Congress, and how are they shared with the president? 3. Analyzing Who participates in the impeachment and trial of a member of the executive or judicial branch? Critical Thinking 4. Drawing Conclusions What case provided a basis for the ruling in Heart of Atlanta Motel v. United States? Explain. 5. Organizing In a chart like the one below, list two or more examples of powers the Constitution expresses, implies, and denies to Congress. Expressed Implied Denied Writing About Government 6. Descriptive Writing Research legislation that Congress passed in a recent session. Identify any bills that you believe were based on the power to regulate interstate commerce. Draw a political cartoon supporting or criticizing the legislation. Explain your cartoon in one or two paragraphs. CHAPTER 6: Development of Congressional Powers 65

11 Does Baseball s Reserve System Violate Antitrust Laws? Flood v. Kuhn et al., 972 With teams from New York to California, major league baseball is not only a sport but also a business engaged in interstate commerce. Is professional baseball subject to federal antitrust laws like other businesses? Do baseball players have the right to act as free agents and make their own contracts? a given team even after his contract expired, until either traded or released. Flood sat out the 97 season and took his case to the courts. Two lower courts ruled in favor of the owners. Supported by the players union, Flood appealed. In 972 the case came to the Supreme Court. By then Curt Flood had left baseball and never played again. Facts of the Case In 2 seasons with the St. Louis Cardinals ( ), Curt Flood was a three-time All-Star, played in three World Series, and won seven Golden Glove awards. After the 969 season, St. Louis traded Flood to the Philadelphia Phillies. Flood refused to report. In a letter to baseball commissioner Bowie Kuhn, Flood wrote, I do not feel I am a piece of property to be bought and sold irrespective of my wishes. Flood asked that he be allowed to act as a free agent. The commissioner refused. At that time, baseball enforced a reserve clause on all players. The reserve clause appeared to bind a player to play for The Constitutional Question Under its power to regulate interstate commerce, Congress passed the Sherman Antitrust Act in 89 as a way to limit the growth of business monopolies that prevented competition. In 922 in Federal Baseball Club v. National League, the Court stated that baseball involved interstate commerce but was not the type of business that the antitrust laws were intended to cover. Some 3 years later, in Toolson v. New York Yankees, the Court refused to overrule its earlier decision. Furthermore, it stated that Congress had allowed baseball to develop exempt from antitrust laws rather than subject to them. Debating the Issue Questions to Consider. Where did Congress get the authority to create antitrust laws? 2. What could be the consequences for baseball if the Court ruled in favor of Curt Flood of the St. Louis Cardinals? 3. Should the Supreme Court overrule its own precedents and declare baseball subject to antitrust laws, or should the Court leave the choice to Congress? You Be the Judge In fighting the reserve clause, Curt Flood challenged baseball s exemption from the antitrust laws passed by Congress. The reserve clause was clearly a violation of the antitrust laws because it restricted the players ability to bargain with clubs and thus helped the owners control competition. To rule in Curt Flood s favor, the Court would have to overturn its ruling in the earlier cases. How would you rule? Curt Flood Walter Iooss Jr./Sports Illustrated/Getty Images 66 UNIT 2: The Legislative Branch

12 SECTION 2 Investigations and Oversight Reader s Guide Content Vocabulary subpoena (p. 68) perjury (p. 68) contempt (p. 68) immunity (p. 69) legislative veto (p. 7) Academic Vocabulary ethics (p. 67) schedule (p. 67) scheme (p. 68) Reading Strategy As you read, create a graphic organizer like the one below to list the possible results of congressional investigations. Cause Congress conducts an investigation Effects Issues in the News Ethics investigations are a staple of news coverage of Washington politics. If a member of Congress is suspected of taking bribes or having suspicious connections with lobbyists, the public will be interested. In 28 lobbyist Brent Wilkes was sentenced to 2 years in prison for bribing former representative Randy Cunningham. (Cunningham was given an 8-year sentence for taking the bribes.) This case and others highlight an underlying problem: Will members of Congress be motivated to aggressively monitor their own behavior? In December 27, a House Task Force called for a bipartisan ethics office that would be independent of Congress. Brent Wilkes, who was sentenced to 2 years in prison for bribing a representative, with his lawyer Lenny Ignelzi/AP Images The ability to investigate and oversee the performance and ethics of government officials and agencies is an important power of Congress. Congressional investigations into government failures and scandals have had a very long history in American politics. The Power to Investigate The Founders neither granted nor denied Congress the power to conduct investigations. In 792, however, after Native Americans soundly defeated the United States Army, Congress launched an investigation of the military. Many investigations have occurred since into the sinking of the Titanic in 92, into organized crime in the 95s (the first televised congressional hearings), and into steroid use among professional baseball players in 28. The Investigation Process A standing committee or a select committee may conduct investigations. They can last for days or go on for months. Committee staffers often travel around the country to collect evidence and schedule witnesses. Dozens of witnesses may be called to testify, sometimes under oath, at committee hearings. CHAPTER 6: Development of Congressional Powers 67

13 Congressional Investigations Past The Senate s Select Committee on Presidential Campaign Activities investigated the Watergate break-in in the 97s. Its investigation led to President Richard Nixon s resignation. Present A 27 Washington Post story on poor treatment for veterans of the war in Iraq at Walter Reed Hospital in Washington, D.C., sparked a congressional hearing on leadership at the Veterans Administration. Checks and Balances How does Congress s power to investigate strengthen the system of checks and balances? Congressional investigations occur for many reasons. Most get little notice, but a few have become media events. In 998 the Senate Finance Committee opened hearings into the collection methods of the Internal Revenue Service (IRS). The televised testimony of witnesses about the strong-arm tactics of the federal agency led to a 97 to Senate vote to reform the IRS. More than once in the 99s, Congress investigated allegations against its own members. While some of these complaints were politically motivated, several members were indicted and one senator resigned to avoid being expelled. In 23 an investigation began into possible abuse, torture, and brutality against Iraqi prisoners by American troops at Abu Ghraib. One of the biggest investigations in recent years was of Jack Abramoff, a lobbyist convicted of corrupting public officials. Others were convicted as result of his schemes, including the deputy of a cabinet member and Representative Bob Ney (R-OH). In federal court, Ney admitted that he had done favors for lobbyists in exchange for campaign contributions, expensive meals, expensive travel, and sports tickets. Investigations can lead to new laws to deal with a problem, reforms in a government program, or to officials being fired. Sometimes, however, they damage the reputations of innocent people. Rights of Congressional Witnesses 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 requires a person to appear or produce requested documents. Congress makes frequent use of this power. Like courts, congressional committees can require witnesses to testify under oath. Witnesses who do not tell the truth can be criminally prosecuted for perjury, or lying under oath. Committees may also punish those who refuse to testify or otherwise will not cooperate by holding them in contempt of Congress, meaning that they are willfully obstructing its work. Persons found in contempt of Congress can be arrested and jailed. The Constitution does not grant this power to Congress, but court decisions have generally upheld it. (t)ap Images, (b)eric Draper/White House/epa/CORBIS 68 UNIT 2: The Legislative Branch

14 Shawn Thew/epa/CORBIS Until the mid-twentieth century, witnesses who testified before a congressional committee had few rights. In 948, for example, the chairperson of a House committee told one witness: The rights you have are the rights given you by this committee. We will determine what rights you have and what rights you do not have before the committee. The situation today is very different, and witnesses before congressional committees have important rights. In the case of Watkins v. United States (957), the Supreme Court ruled that Congress must respect witnesses constitutional rights just as a court does. In the Court s words: Witnesses cannot be compelled to give evidence against themselves. They cannot be subjected to unreasonable search and seizure. Nor can the First Amendment freedoms of speech, press, religion, or political belief and association be abridged. Chief Justice Earl Warren, 957 One way congressional committees have gotten around this requirement to observe First Amendment rights is by giving witnesses immunity. Immunity is freedom from prosecution for people whose testimony ties them to criminal acts. Of course, the Fifth Amendment states that people cannot be forced to testify against themselves. If witnesses are granted immunity, however, they can be required to testify. Those who refuse may be held in contempt of court and jailed. A 987 case illustrates how immunity works. A Senate committee investigated charges against officials in the Reagan administration. They were charged with selling arms to Iran and using the money to finance a war in Nicaragua. The committee granted immunity to Colonel Oliver North and compelled him to testify. North, who worked for the National Security Council, implicated the national security adviser as well as others. North was tried and convicted. His conviction was later overturned because the evidence was obtained only as a result of testimony he gave while under immunity. Legislative Oversight Most congressional investigations are related to another power that Congress has developed over See the following footnoted materials in the Reference Handbook:. Watkins v. United States case summary, page R36. Threatening Toys Products Under Scrutiny In early 28, a Senate subcommittee asked the Senate to investigate how imported toys, especially those from China, are regulated. A four-year-old boy from Minnesota died after he swallowed a lead-tainted charm that came with athletic shoes from China. What government branch has authority over regulatory agencies? the years the power of legislative oversight. As the word suggests, oversight is the power to review executive branch activities on an ongoing basis. In modern American government, the executive carries out those laws through a huge bureaucracy of multiple agencies and hundreds of public officials. Thus, the oversight power of Congress can be focused on a wide array of programs and officials. Oversight and Checks and Balances Legislative oversight is a good example of how checks and balances work. Congress makes the laws, and the executive branch carries them out. As it does so, the executive branch interprets what the laws mean in a practical sense. Later Congress can check how the executive branch has administered the law and decide whether it met the law s goals. Congress defined oversight functions in several places. The 946 Legislative Reorganization Act asks Congress to exercise continuous watchfulness over executive agencies. A 97 act gave each standing committee oversight authority for the areas of its responsibility. CHAPTER 6: Development of Congressional Powers 69

15 Although lawmakers have broad oversight powers, they use them inconsistently. Vice President Hubert Humphrey once said that Congress sometimes gets in the habit of pass it and forget it lawmaking. Legislative oversight tends to occur on a hit-and-miss basis as congressional staffs and committees go about their business. Why? First, lawmakers do not have enough staff, time, or money to keep track of everything going on in the executive branch. Second, lawmakers know that oversight does not interest many voters, unless it uncovers a scandal or major problem. Third, some legislation and regulations are so vague that it is difficult to know exactly what they mean. Without clear objectives, lawmakers have little means of judging whether the executive branch is doing its job. Finally, committees sometimes come to favor the federal agencies they are supposed to oversee. Lawmakers and the officials who work for a federal agency often become well-acquainted because they spend long hours working together. This creates the possibility that committee members will not be objective when assessing the performance of people who work at the agency. How Congress Limits the Executive Congress exercises oversight in several ways. It requires executive agencies to report to it. The 946 Employment Act, for example, requires the president to send Congress an annual report on the nation s economy. During a recent congressional term, federal agencies submitted more than, reports to Congress. Keeping up with the reports, especially those that relate to a member s committee assignment, is an important job. A second oversight technique is for Congress to ask one of its support agencies, like the Government Accountability Office (GAO), to study an agency s work. The GAO typically examines the finances of federal agencies to see if public money is being spent appropriately and legally. Obviously, the power of the purse gives Congress another means of overseeing the executive branch. Each year Congress reviews the budgets of all agencies in the executive branch. Congress can then decide to expand, reduce, or eliminate certain programs in the budget. For years, Congress exercised oversight power by using the legislative veto. Congress put provisions Making a Difference Congressperson Jim Langevin of Rhode Island has championed the rights of the disabled. He played a key role in revising the 99 Americans with Disabilities Act. As the first paraplegic elected to the House, Langevin understands disabilities as well as anyone. He is quick to point out, however, that such issues are not what defines Jim Langevin, and that he works hard on many other constituent concerns. Langevin was 6 and a police cadet when his life changed overnight. In a police locker room, a member of a SWAT team pulled the trigger on a semiautomatic pistol, believing it was unloaded. The gun discharged and a bullet ricocheted off a locker, hitting Langevin and severing his spinal cord. The accident thrust me into a public life, whether I liked it or not.... this devastating accident... changed the course of my life. Langevin became the youngest person ever at 3 to serve as Rhode Island s secretary of state. Six years later, he was elected to Congress, where officials had to quickly make the cloakroom, phones, and restrooms accessible to him. The Americans with Disabilities Act was groundbreaking for the disabled, but it had loopholes that eliminated some... the new law reaffirms... the ideals of equality and opportunity on which this country was founded. disabled people from coverage. The 28 law has fixed that. For example, now an impairment that is sporadic is still considered a disability if it seriously restricts someone when it occurs. In Langevin s words, the law reaffirms... the ideals of equality and opportunity on which this country was founded. Jim Langevin Victoria Arocho/AP Images 7 UNIT 2: The Legislative Branch

16 into some laws that allowed it to review and cancel actions of the executive agencies carrying out those laws. In effect, Congress was claiming authority over officials who worked in the executive branch. In 983 the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that the legislative veto was unconstitutional because it violated the separation of powers. Independent Counsel In 978, largely as a result of the Watergate experience, Congress passed the Ethics in Government Act. The law provided that in certain cases, Congress could demand the appointment of a special prosecutor, called the independent counsel. After this law was passed, some 2 investigations occurred using a special prosecutor, or independent counsel. One of these was led by special prosecutor, attorney Kenneth Starr, who was appointed to the position in 994. Four years later, in 998, Starr s investigations led to the impeachment of President Clinton. After a lengthy and costly investigation, the Senate voted against convicting Clinton. Public support for the independent counsel law faded after this long ordeal. Many complained that the law had resulted in too much party prejudice in the process. In 999 Congress let the law expire and gave the attorney general sole power to conduct ethics investigations of top officials. This power was used to dramatic effect in 23 when Special Counsel Patrick Fitzgerald investigated a CIA leak. Fitzgerald convinced a grand jury Independent Counsel An independent counsel investigated Lewis Libby s role in the leaking of a CIA agent s identity. Libby was convicted in March 27 for lying to a grand jury. Why did Congress abandon the use of special prosecutors? to charge Vice President Dick Cheney s top staff person with five counts of perjury, obstruction of justice, and making false statements. The man, Lewis Scooter Libby, was subsequently convicted on four of the five counts and sentenced to 3 months in federal prison. Student Web Activity Visit connected.mcgrawhill.com. Click on the Student Web Activity for this chapter and complete the activity about the Congress. SECTION 2 Review Shawn Thew/epa/CORBIS Vocabulary. Explain the significance of: subpoena, perjury, contempt, immunity, legislative veto. Main Ideas 2. Explaining How does congressional oversight reflect the checks and balances principle in American government? 3. Discussing Name three congressional investigations that were focused on the executive branch. Critical Thinking 4. Synthesizing How does the use of a subpoena assist legislators in the committee hearing process? 5. Identifying Using a graphic organizer like the one shown, identify the steps Congress can take if a witness at a congressional investigation cites Fifth Amendment protection and refuses to testify.. 2. Writing About Government 6. Expository Writing Suppose you are a reporter assigned to cover a recent congressional investigation. Prepare a news report in which you analyze the purpose of the investigation and its findings. CHAPTER 6: Development of Congressional Powers 7

17 SECTION 3 Congress and the President Reader s Guide Content Vocabulary national budget (p. 75) impoundment (p. 75) Academic Vocabulary revise (p. 73) period (p. 74) transportation (p. 74) Reading Strategy Create a graphic organizer like the one below to take notes on how the Congressional Budget and Impoundment Control Act affected the president. Cause Congress passed the Congressional Budget and Impoundment Control Act Effect Issues in the News In March 27, Congress and Republican President George W. Bush locked horns once more. This time it was over the firing of a number of federal prosecutors. Democrats in Congress said it was because the prosecutors resisted political pressure from Republicans and demanded internal documents from the White House. Republicans countered that Attorney General Gonzales had legal authority to fire the prosecutors. Congress turned down the administration s offer to talk privately with members about the firings. In September 27, Gonzales resigned amid accusations that he had lied in his testimony before Congress. The investigation was later closed, with no criminal charges being filed. Former Attorney General Alberto Gonzales testifies before the Senate Judiciary Committee on why he dismissed several U.S. attorneys. When the Founders established the principle of separation of powers, they probably did not envision that it could lead to a shutdown of the federal government. The checks and balances system they created, however, can often result in a government stalemate. Many of the president s most important duties are shared with the Congress, including making treaties, appointing federal officials and judges, and paying the expenses of the executive branch. When Congress refuses to cooperate, the president may be frustrated. Likewise, all the bills Congress passes require the executive s cooperation the president must sign them before they become law. Further, the president has another legislative weapon: He or she can veto a bill or threaten to veto it. For Congress to override a presidential veto, it requires a two-thirds majority vote in each house of Congress, which is usually difficult to obtain. Thus, the president can play a major role in the legislative process. Finally, modern presidents are expected to develop a legislative program and secure its adoption by Congress. 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. Less active presidents, who do not take the lead in shaping legislation, may get along well with Congress. Those who propose major new programs will almost surely come into conflict with the legislative branch for any number of reasons that will be discussed next. Recent presidents have frequently found it hard to work with Congress. Ron Sachs/CNP/CORBIS 72 UNIT 2: The Legislative Branch

18 Constituents and Conflict The national electorate chooses presidents they believe will carry out policies that are in the best interests of the nation. Voters in states and districts, however, elect members of Congress who represent their particular interests. Since senators and representatives represent these narrower interests, they often differ with the president about public policy. Gridlock Haunts the Capital Cartoonists & Writers Syndicate Checks and Balances The system of checks and balances gives Congress and the president the power to counteract each other. For example, the president may threaten a veto, arguing that a bill spends too much money and would spur inflation, which is harmful to the national economy. Some members of Congress may cooperate in attempting to amend the bill or override a veto because their states or districts would benefit from the bill. Historian James Mac- Gregor Burns argues that the system is designed for deadlock and inaction and that it is really President versus Congress in our government. Party Politics Partisan politics (politics driven mostly by party loyalty) can also affect relations between the president and Congress. This is most obvious if one party controls the White House and the other controls the House and the Senate. In recent decades the president s party has rarely controlled Congress. Thus, conflict has increased between the president and Congress. It was pronounced in the 99s when President Clinton, a Democrat, faced Republican majorities in Congress, and again from 26 to 28 when Republican George W. Bush had a Congress with a slight Democratic majority. As legislative progress slowed, the press often referred to gridlock. The question in the next two years, will be whether that lack of mandate for either side will foster cooperation to get things done or positioning to do battle in the next election. Curtis B. Gans, political analyst Organization as a Cause of Conflict The organization of Congress gives many weapons to members who want to resist a proposal of the president. Rules of procedure, such as President and Congress Clash Gridlock occurs when the president and parties in Congress cannot agree on legislation. According to the cartoon, is gridlock a problem that is quickly or easily resolved? Explain. the Senate s unlimited debate rule, can be used to block legislation. Even when congressional leaders support the president, they may have to struggle to get presidential initiatives through Congress. Because the basic shape of legislation is set in committees and subcommittees, the committee system also may be a weapon against the president. Committee chairpersons are powerful members of Congress, and they use their positions to influence bills. Conflicts in government occur when a president wants a major proposal approved and a committee tries to delay, revise, or defeat it. Different Political Timetables Conflicts may also occur because the president and Congress have different political timetables. Presidents have a little more than three years to develop, present, and move their programs through Congress before they have to busy themselves running for reelection. At best, they have only eight years to accomplish their agenda. By contrast, senators and representatives are not limited to two terms in office. Most members can look forward to being reelected for several terms. Thus, they have a much longer political timetable than the president. Representatives, who serve only two-year terms, are always running for reelection. CHAPTER 6: Development of Congressional Powers 73

19 President Washington J. Adams Jefferson Madison Monroe J.Q. Adams Jackson Van Buren W.H. Harrison Tyler Polk Taylor Fillmore Pierce Buchanan Lincoln A. Johnson Grant Hayes Garfield Arthur Cleveland (st term) B. Harrison Cleveland (2d term) McKinley T. Roosevelt Taft Wilson Harding Coolidge Hoover F. Roosevelt Truman Eisenhower Kennedy L. Johnson Nixon Ford Carter Reagan G.H.W. Bush Clinton G.W. Bush Obama Total Source: thomas.loc.gov **As of Jan. 3, 22 Presidential Vetoes All Bills Vetoed Regular Vetoes Pocket Vetoes* Vetoes Overridden ,566,497,69 *A pocket veto occurs when the president exercises a veto so late in a session that Congress has no time to override it. Critical Thinking The average annual number of vetoes was highest during the years of the New Deal and World War II. Could the number of vetoes partly be a function of how many bills reach the president s desk? Why? Senators, whose terms are six years, can be more patient in handling controversial bills. For various reasons then, lawmakers in both houses may not be eager to act on legislation that does not benefit their constituents directly. President Lyndon Johnson, who had served as Senate majority leader, complained about the conflict of interests: You ve got to give it all you can that first year.... You ve got just one year when they treat you right, and before they start worrying about themselves. The third year, you lose votes.... The fourth year s all politics. You can t put anything through when half the Congress is thinking how to beat you. Lyndon Johnson The Struggle for Power For most of the first 5 years of the Republic, Congress dominated policy making. At times, however, strong presidents such as Andrew Jackson, Abraham Lincoln, and Franklin D. Roosevelt challenged congressional supremacy. They increased presidential powers as they dealt with changing social, political, and economic conditions. The system of checks and balances makes it likely that the president and Congress will always compete for power. Which branch will dominate in a period depends on many factors, including the political issues of the time, the political savvy of congressional leaders, and the popularity of the president. Strong presidential leadership during the Depression of the 93s and the Cold War made the president more powerful compared to the Congress. After the Watergate crisis, many members of Congress concluded that President Nixon tried to create an imperial presidency and that the executive was too strong. Congress worked to regain its power and influence. Specifically, they restricted the president s war-making and budgetary powers and exercised the legislative veto more often. Curbing Emergency Powers In times of crisis, Congress has given extra powers to the president. Presidents have declared martial law, seized property, and controlled transportation and communications. President Franklin D. Roosevelt had vast authority during the Depression and World War II. In 933 Congress empowered him to close the 74 UNIT 2: The Legislative Branch

20 nation s banks. When Pearl Harbor was bombed, another national emergency was proclaimed, giving Roosevelt broader control over the economy. Provisions of this grant were later cancelled, but some provisions were left in place. In 95 President Truman proclaimed a national emergency in response to the Korean conflict, and President Nixon exercised this authority twice in the 97s. During the Vietnam War, congressional leaders felt that the president s emergency powers had helped deepen the nation s involvement in Asia. (Before this time, many members of Congress were not aware that, legally, many emergency powers had been on the books since the 93s.) To correct this situation, Congress passed an act in 976 to restrict the president s emergency powers. The National Emergencies Act ended the decades-long state of emergency and set down procedures for how and when a state of emergency exists. Presidents had to notify Congress when they intended to declare a national emergency, and it could not last more than one year unless the president repeated the process. Congress could also end a state of emergency by passing legislation. In 2 President George W. Bush used his authority under this act to selectively suspend, if necessary, the law that permitted a miliary officer to retire. Controlling Budget Power Over the years, presidents have assumed more responsibility for planning the national budget, the yearly financial plan for the national government. Because of this, by the early 97s Congress had slipped into the role of merely reacting to budget proposals. To increase its role in budgeting, Congress passed the Congressional Budget and Impoundment Control Act in 974. The act did several things: it established a permanent budget committee for each house; it set up the Congressional Budget Office (CBO) to provide financial expertise for Congress, and it limited the president s ability to impound funds. Impoundment is the president s refusal to spend money Congress has voted for a program. This law required the president to spend appropriated funds unless Congress agreed with the president that the monies be impounded. Crisis and Power Library of Congress, Prints & Photographs Division, LC-USW3-229-E Additional Powers During World War II, President Franklin D. Roosevelt employed emergency powers to gain more control over the wartime economy. Americans used governmentissued books of ration coupons to purchase certain items, such as shoes, gasoline, tires, sugar, and meat. Why did Roosevelt need to ration consumer goods during the war? CHAPTER 6: Development of Congressional Powers 75

21 Trumping Executive Power Well, I guess they had the votes to override your veto after all, didn t they? Critical Thinking What does the cartoon suggest about how often a presidential veto is overridden? Legislative and Line-Item Vetoes Between 932 and 983, when the legislative veto was declared unconstitutional, Congress used it to negate executive actions many times. The legislative veto was used most often in the 97s, when Congress was feeling that the executive branch had grown too powerful. Presidents, of course, believed that the legislative veto infringed upon their constitutional authority, and in a 983 Supreme Court case, the Court struck down the legislative veto. The line-item veto allowed a president to veto parts, or lines, in a bill. (This is a power that many state governors have, but the Constitution only provides for presidents to veto an entire bill.) Many presidents have asked Congress to enact a lineitem veto and in 996, Republicans in Congress passed a bill authorizing the veto of spending items and certain tax breaks. In early 997, Congress passed the Line Item Veto Act. It said that if Congress could get a twothirds vote from both the House and the Senate, it could put the line items back into a bill. That summer, President Bill Clinton became the first president to use the line-item veto. Supporters of the line-item veto wanted the president to curb spending; critics said Congress, not the president, should control spending. In 998 challenges to the Line Item Veto Act reached the Supreme Court, which struck it down, saying that it circumvented the legislative procedures set out in Article I of the Constitution. In the words of Justice John Paul Stevens: If there is to be a new procedure in which the President will play a different role... such change must come not by legislation but through the amendment procedures set forth in Article V of the Constitution. SECTION 3 Review Vocabulary. Explain the significance of: national budget, impoundment. Main Ideas 2. Explaining How does the system of checks and balances lead to conflict between the president and Congress? 3. Discussing Why does the party system contribute to conflict between the president and Congress? Critical Thinking 4. Synthesizing The constitutional system between Congress and the president has been described as an invitation to struggle. Is this description accurate? Explain. 5. Organizing Use a graphic organizer like the one below to identify three ways that Congress has gained or lost power. + Congress Writing About Government 6. Expository Writing The president and Congress have had conflict over the president s right to send armed forces overseas. When has the president committed military forces overseas without a declaration of war? Create an annotated time line showing the year and reason for these military involvements with a brief written summary. Baloo/Rex May 76 UNIT 2: The Legislative Branch

22 Should the President Be Able to Keep All Communications With Advisers Secret? ISSUES to Debate Executive privilege is the doctrine stating that the executive branch can withhold information on its decision making from Congress and the courts. Presidents have often invoked this doctrine on sensitive issues. President George W. Bush did so in 22 when the General Accountability Office (GAO) wanted to learn whether Enron, an energy trading company that engaged in illegal accounting practices, served on an energy task force led by Vice President Dick Cheney. The White House refused to name the task force members, claiming executive privilege. NO YES Executive privilege should not be absolute. It is not mentioned in the Constitution and Congress needs to have access to important information. The Supreme Court has already held in United States v. Nixon (972) that the president must reveal confidential information when presidential privilege is outweighed by other constitutional requirements. In this case, the GAO needs certain information to help Congress frame new laws to protect the public. Vice President Dick Cheney s refusal to hand over the documents also weakens public confidence in government because it implies that the White House has something to hide. To be an effective leader, the president must be able to communicate in confidence with advisers. If Vice President Cheney cannot keep minutes of the energy task force meetings secret, it is unlikely that he will receive frank advice from expert advisers in the future. Not only that, but key advisers will hesitate to give the president the full benefit of their thinking in the future. They will always be worried that something said in confidence will eventually become public. The GAO is infringing on the authority of the executive branch. Debating the Issue Brooks Kraft/CORBIS. Analyzing How does executive privilege contribute to the independence of the executive branch of government? 2. Explaining How does the idea of separation of powers support the claim for executive privilege? 3. Deciding How should the courts determine when executive privilege should or should not be used? President George W. Bush and Vice President Dick Cheney CHAPTER 6: Development of Congressional Powers 77

23 Assessment and Activities Reviewing Vocabulary Match each of the descriptions below with the content vocabulary word(s) it describes. Not every word or phrase will have a description. a. appropriations bill d. implied powers b. impoundment e. legislative veto c. immunity f. subpoena Chapter Summary Selected Powers of Congress Legislative Powers Taxing and Spending Power Congress has great control over national policy, as no agency can spend money without congressional approval Commerce Power Congress regulates foreign commerce and trade between the states Non-Legislative Powers Ratification Power Congress accepts or rejects treaties negotiated between the president and a foreign country Confirmation Power Both houses of Congress confirm or deny presidential appointments Power to Choose Presidents The House selects the president if no candidate wins a majority of votes in the Electoral College Removal Power Both houses of Congress play a role in the removal of a president from office due to misconduct Investigative Powers The Constitution does not specifically state this power, but the legislature s role as a people s body made this power necessary Congress investigates the operation of government agencies and the actions of individual government personnel. Powers not specified in the Constitution 2. Grants money to carry out programs 3. Compels a witness to appear 4. Refusing to spend funds 5. Freedom from prosecution Reviewing Main Ideas Section (pages 57 65) 6. Describing How are expressed powers and implied powers related? 7. Summarizing Why has the power to regulate interstate commerce become such an important power of Congress? Section 2 (pages 67 7) 8. Describing What powers does Congress use to collect evidence for congressional investigations? 9. Examining What are three methods that Congress uses to oversee the executive branch? Section 3 (pages 72 76). Identifying List three powers that Congress and the president share.. Interpreting On what grounds did the Supreme Court declare the legislative veto unconstitutional? Critical Thinking 2. Essential Question What were some enumerated powers given to Congress by the Constitution? How have these powers developed over time? 3. Evaluating Explain how the Constitution s commerce clause has helped African Americans obtain equal rights. 4. Theorizing What arguments might be made to support a legislative veto power for Congress? 5. Understanding Cause and Effect In a graphic organizer like the one below, indicate how the power struggle between the president and Congress strengthens or weakens the government. Strengthening Effects Power Struggle Weakening Effects 78 UNIT 2: The Legislative Branch

24 Self-Check Quiz Visit connected.mcgraw-hill.com and click on the United States Government Self-Check Quizzes for additional test practice. The New Yorker Collection 992 Robert Mankoff from cartoonbank.com Document-Based Questions Analyzing Primary Sources Read the excerpt below and answer the questions that follow. In 964 Congress granted President Lyndon B. Johnson the power to send troops into Vietnam without an official declaration of war and without notification to Congress. Congress later enacted a law requiring the president to notify and consult with Congress anytime soldiers are to be stationed in conflicts overseas. This law is known as the War Powers Act. SEC. SEC. 3. The President in every possible instance shall consult with Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and after every such introduction shall consult regularly with the Congress until United States Armed Forces are no longer engaged in hostilities or have been removed from such situations. 6. How is the 973 War Powers Act a check on presidential power? 7. What are the benefits or drawbacks of requiring the president to notify Congress before sending troops into conflict? Applying Technology Skills 8. Creating a Multimedia Presentation Study the list below of topics dealing with Congress. Choose one of the topics, and create a presentation using at least three types of media to teach the topic to your class. The national debt and Congress s attempts to limit it The War Powers Act and the relationship between Congress and the president The power of Congress to propose amendments A congressional investigation Congressional term limits Interpreting Political Cartoons Analyze the cartoon and answer the questions that follow. Base your answers on the cartoon and your knowledge of Chapter 6. Half full. Half empty. Half empty due to congressional inaction and half full due to the tireless efforts of the President. 9. What is happening in this cartoon? 2. Which side does the administration spokesperson support? Explain. 2. Is the administration spokesperson an objective judge? What biases might he have? P articipating in Government 22. Because members of Congress represent the interests of individual states and congressional districts, their ideas are often different from the president s, which promote policies for the entire nation. Find out about an important issue in your state that has been reflected in a bill debated in Congress. See how your senators and representatives voted on the bill. Do you agree or disagree with the senator s or representative s position? Write an opinion paper supporting or criticizing your lawmaker s position. CHAPTER 6: Development of Congressional Powers 79