Presentation Plus! United States Government: Democracy in Action Copyright by The McGraw-Hill Companies, Inc. Send all inquiries to:

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1 Presentation Plus! United States Government: Democracy in Action Copyright by The McGraw-Hill Companies, Inc. Send all inquiries to: GLENCOE DIVISION Glencoe/McGraw-Hill 8787 Orion Place Columbus, Ohio 43240

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3 Chapter Focus Section 1 Constitutional Powers Section 2 Investigations and Oversight Section 3 Congress and the President Chapter Assessment Click on a hyperlink to go to the corresponding content area. Press the ESC (escape) key at any time to exit the presentation.

4 Chapter Objectives Constitutional Powers Identify and explain classifications of powers through which Congress makes laws for the nation. (Section 1) Investigations and Oversight Discuss occasions in which Congress has exercised its power to conduct investigations and practice legislative oversight. (Section 2) Congress and the President Analyze the dynamics in the relationship between the legislative and executive branches of the federal government. (Section 3)

5 Chapter Concepts Section 1 Constitutional Interpretations Section 2 Checks and Balances Section 3 Checks and Balances

6 Making It Relevant Transparency The next slide is a political cartoon concerning the issue of lobbyists. Some people feel that lobbyists have too much influence over politicians.

7 Making It Relevant 6

8 End of Chapter Focus Click the mouse button to return to the Contents.

9 Constitutional Powers Key Terms expressed powers, necessary and proper clause, implied powers, revenue bill, appropriations bill, interstate commerce, impeachment Find Out Why are the money powers granted to Congress by the Founders so important? How has the commerce clause enabled Congress to apply a loose interpretation of the Constitution? Click the mouse button or press the Space Bar to display the information. Additional lecture notes appear on the following slides.

10 Constitutional Powers Understanding Concepts Constitutional Interpretations On what types of issues did the Founders restrict congressional actions with the addition of the Bill of Rights? Section Objective Identify and explain classifications of powers through which Congress makes laws for the nation. Click the mouse button or press the Space Bar to display the information. Additional lecture notes appear on the following slides.

11 Introduction Nearly half the text of the Constitution is contained in Article I an indication that the Framers intended for Congress to play the central role in governing the nation. The specific nature of that role has developed and changed over time.

12 Constitutional Provisions The Constitution describes the legislative powers of Congress in Article I, Section 8, Clauses These expressed powers of Congress in the Constitution are sometimes called the enumerated powers. The last clause (18) of Section 8 gives Congress power to do whatever is necessary and proper to carry out its other powers.

13 Constitutional Provisions (cont.) This necessary and proper clause implies that Congress has powers beyond those expressed in the first 17 clauses. Because these implied powers have allowed Congress to expand its role to meet the needs of a growing nation, the necessary and proper clause has often been called the elastic clause.

14 Conflicting Interpretations The Supreme Court has often been the site of conflict over what is necessary and proper legislation. When Congress created the Second Bank of the United States in 1816, loose constructionists and strict constructionists engaged in debates. The Supreme Court and Chief Justice John Marshall supported the loose constructionists, expanding the power of Congress.

15 Powers Denied The powers of Congress, like those of other branches of the national government, are limited. One important constitutional limit on congressional power is the Bill of Rights. Other limits on congressional power: Congress 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.

16 Powers Denied (cont.) Congress does not have the authority to pass bills of attainder, laws that establish guilt and punish people without allowing them a trial. Congress is also prohibited from passing ex post facto laws, laws that make crimes of acts that were legal when they were committed. Article I, Section 9, also denies several other powers to Congress, among them the power to tax exports.

17 Legislative Powers Congress has both legislative and nonlegislative powers. Nonlegislative powers include the power to confirm or deny presidential appointments. The most significant expansion of congressional legislative power the power to pass laws is in taxing, spending, and regulating commerce.

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21 The Taxing and Spending Power Sometimes called the power of the purse, the power to levy taxes and provide for the general welfare of the United States is among the most important powers of Congress. It allows Congress to influence national policy in many areas because no government agency can spend money without congressional authorization.

22 The Taxing and Spending Power (cont.) Because representation in the House was to be based on population, the Founders agreed that any revenue bills laws for raising money introduced in Congress would originate in the House. The legislative process for appropriations bills proposed laws to authorize spending money is not spelled out in the Constitution, but has developed through usage.

23 The Taxing and Spending Power (cont.) 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 that local officials follow specific federal regulations as a condition of the grant.

24 Other Money Powers Article I allows Congress to borrow to help pay for the cost of government, which it does in various ways. The most common method is by authorizing the sale of government securities bonds or notes. Because it must borrow money to meet its operating expenses, the government has a national debt the total amount of money the government owes at any given time.

25 Other Money Powers (cont.) This debt, almost $1 trillion in 1980 and about $3.2 trillion in 1990, reached almost $6 trillion in As part of Congress s money powers, the Constitution gives the legislative branch the power to coin money and to regulate its value.

26 Other Money Powers (cont.) In addition, Congress has the power to punish counterfeiters people who print postage stamps, paper money, or government securities illegally and to establish a system of standard weights and measures. The money powers of Congress also include the authority to make laws concerning bankruptcy legal proceedings to administer the assets of a person or business that cannot pay its debts.

27 The Commerce Power Article I, Section 8, Clause 3, authorizes Congress to regulate foreign commerce and interstate commerce, or commerce among the states. The Supreme Court has promoted the expansion of the commerce clause by consistently ruling that the meaning of commerce whether international or interstate far exceeds the mere buying and selling of goods and services.

28 Gibbons v. Ogden The landmark decision on this subject came in Gibbons v. Ogden (1824). The Court ruled that all forms of business across state lines in this case, ferry service between New York and New Jersey come under the commerce clause. Any widespread activity that can possibly be considered interstate commerce including broadcasting, banking and finance, and air and water pollution is subject to federal control. Click the blue hyperlink to explore the Supreme Court case.

29 Gibbons v. Ogden (cont.) Congress has used its power over interstate commerce to set policy in many other areas. For example, Congress requires that businesses engaged in interstate commerce pay their employees a minimum wage. Because almost all businesses deal in some way with businesses in other states, Congress is able to regulate working conditions across the nation.

30 Heart of Atlanta Motel v. United States In 1964 Congress used its commerce power to pass the landmark Civil Rights Act. This law prohibited discrimination in places of public accommodation such as restaurants and motels. It also prohibited job discrimination. A Georgia motel owner attacked the law, claiming that the motel was a local business not part of interstate commerce.

31 Heart of Atlanta Motel v. United States (cont.) In Heart of Atlanta Motel v. United States (1964), the Supreme Court ruled in favor of the Civil Rights Act, noting that public places of accommodation served interstate travelers and sold food that had crossed state lines. Click the blue hyperlink to explore the Supreme Court case.

32 Foreign Policy Powers Congress has important powers in the areas of foreign policy and national defense. Chief among these are the powers to approve treaties. to declare war. to create and maintain an army and navy. to make rules governing land and naval forces. to regulate foreign commerce.

33 Foreign Policy Powers (cont.) Congress shares these powers with the president. Historically it generally has submitted to presidential leadership in this area. After the Vietnam War, however, Congress acted to reassert its foreign policy powers. Congress held that the Constitution never intended for the president to have the power to involve the nation in undeclared wars (such as Vietnam).

34 Foreign Policy Powers (cont.) Therefore, in 1973, over President Nixon s veto, Congress passed the War Powers Act. This law forbids the president to commit American forces to combat for more than 60 days without congressional notification within 48 hours.

35 Providing for the Nation s Growth The Constitution also grants Congress power over naturalization, the process by which immigrants to the United States may become citizens. In addition, Article IV, Section 3, authorizes Congress to admit new states and pass laws needed to govern any territories.

36 Providing for the Nation s Growth Finally, both Article I and Article IV empower Congress to pass laws to govern federal property, including military bases, government buildings, national parks, historic sites, and hundreds of millions of acres of public lands. (cont.)

37 Other Legislative Powers Article I, Section 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 50 years. A patent is the exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period, currently 17 years, and may be renewed.

38 Other Legislative Powers (cont.) Also under Article I, Section 8, Congress has the power to establish a post office and federal courts.

39 Nonlegislative Powers While most of their nonlegislative functions require their cooperation, usually each house of Congress performs a different function in exercising these powers.

40 The Power to Choose a President The Constitution requires a joint session of Congress to count the Electoral College votes largely a ceremonial function in modern times. If no candidate has a majority of the electoral votes, the House chooses the president from the three candidates with the most electoral votes. Each state s House delegation has one vote.

41 The Power to Choose a President (cont.) The Senate, by majority vote, chooses the vice president from the two candidates with the most electoral votes. It is, therefore, possible that the president could be from a different party than the vice president. The Twentieth and Twenty-fifth Amendments give Congress the power to settle problems arising from the death of elected candidates and from presidential incapacity or resignation.

42 The Removal Power The Constitution grants Congress the power to remove from office any member of the executive or judicial branches of government. The House of Representatives has exclusive power over impeachment, a formal accusation of misconduct in office against a public official. Impeachment is only a charge of wrongdoing; it is not a determination of guilt.

43 The Removal Power (cont.) If a majority of the House votes to impeach an official, the case goes to the Senate for trial, where a two-thirds vote of those present is required for conviction. In 1868 President Andrew Johnson was impeached but was acquitted by the Senate by one vote. In 1974 the House Judiciary Committee recommended impeachment of President Nixon for his role in the Watergate scandal. Nixon resigned, however, before the House could vote.

44 The Removal Power (cont.) In 1998 the House Judiciary Committee recommended the impeachment of President Bill Clinton. By narrow margins, the House passed two articles of impeachment against the president for perjury in a grand jury testimony and for obstruction of justice. In February 1999 the Senate acquitted the president by failing to obtain the two-thirds majority necessary to convict on either charge.

45 The Confirmation Power The Senate has the power to approve presidential appointments of federal officials military officers, cabinet positions, regulatory officials, diplomats, and federal judges. Nominees to the Supreme Court receive the most scrutiny 20 percent are rejected.

46 The Ratification Power Article II, Section 2, of the Constitution gives the Senate the exclusive power to ratify treaties between the United States and other nations. This power is one of the key ways in which Congress helps shape foreign policy. In 1980, for example, many senators opposed the second Strategic Arms Limitation Treaty (SALT II) between the United States and the Soviet Union. This opposition prevented a vote, and the treaty was not ratified.

47 The Ratification Power (cont.) In recent years presidents have often bypassed the treaty ratification process by negotiating executive agreements which do not require Senate ratification with other heads of state.

48 The Amendment Power Congress shares with state legislatures the power to propose amendments by a two-thirds vote of both houses or by a convention called by the legislatures of two-thirds of the states. 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.

49 Why are the money powers granted to Congress by the Founders so important? With its money powers Congress influences national policy and provides for the nation s general welfare. Click the mouse button or press the Space Bar to display the answer.

50 How has the commerce clause enabled Congress to apply a loose interpretation to the Constitution? The commerce clause has enabled Congress to apply a loose interpretation to the Constitution by extending the meaning of commerce far beyond the mere buying and selling of goods and services. Click the mouse button or press the Space Bar to display the answer.

51 End of Section 1 Click the mouse button to return to the Contents slide.

52 Investigations and Oversight Key Terms subpoena, perjury, contempt, immunity, legislative veto Find Out In what ways are a witness s rights in a congressional investigation similar to and different from a witness s rights in court? By what methods does Congress exercise its powers of legislative oversight? Additional lecture notes appear on the following slides.

53 Investigations and Oversight Understanding Concepts Checks and Balances How does the power of Congress to oversee the carrying out of laws serve as a check on the executive branch? Section Objective Discuss occasions in which Congress has exercised its power to conduct investigations and practice legislative oversight. Additional lecture notes appear on the following slides.

54 Introduction Most congressional powers are either legislative or nonlegislative powers, and they are either expressed powers or implied powers. Over the years, however, Congress has developed additional powers inherent in governing but not mentioned in the Constitution, such as the power to investigate and the power of legislative oversight.

55 The Power to Investigate The Founders neither granted nor denied Congress the power to conduct investigations. Nevertheless, in 1792, after Native Americans soundly defeated the United States Army, Congress launched an investigation of the military. This power has played an important role in American politics ever since.

56 The Investigation Process A standing committee or a select committee may conduct investigations, which can last for days or months. Most congressional investigations get little notice, but a few, like the Watergate investigation, attract widespread attention. In the 1990s there have been investigations of the ethics of Congress s own members and President Clinton s Whitewater land investments.

57 The Investigation Process (cont.) In most circumstances investigations lead to new legislation to deal with a problem, changes in a government program, or removal of officials from office.

58 Congressional Powers and Witness Rights 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 a person appear or produce requested documents. Also like courts, congressional committees can require witnesses to testify under oath.

59 Congressional Powers and Witness Rights (cont.) Witnesses who do not tell the truth can be criminally prosecuted for perjury, or lying under oath. In addition, committees may punish those who refuse to testify or otherwise will not cooperate by holding them in contempt, or willful obstruction, of Congress. While the Constitution does not grant Congress any of these powers, court decisions have generally upheld them.

60 Congressional Powers and Witness Rights (cont.) Until recent years, witnesses called to testify in person before a congressional committee had few rights. This situation has changed. In Watkins v. United States (1957), the Supreme Court ruled that Congress must respect witnesses constitutional rights just as a court does. Click the blue hyperlink to explore the Supreme Court case.

61 Congressional Powers and Witness Rights (cont.) One way that congressional committees have sidestepped the Fifth Amendment, which states that people cannot be forced to testify against themselves, is by granting immunity to witnesses. Immunity is freedom from prosecution for witnesses whose testimony ties them to illegal acts.

62 Congressional Powers and Witness Rights (cont.) Witnesses who are granted immunity, however, can be required to testify about illegal activities in which they are involved. Those who refuse may be held in contempt and jailed.

63 Legislative Oversight The power of legislative oversight involves a continuing review of how effectively the executive branch carries out the laws Congress passes. Under its commerce power and the necessary and proper clause, Congress has created a huge bureaucracy over which it must keep watch.

64 The Practice of Legislative Oversight Legislative oversight is a good example of the constitutional principle of checks and balances. Congress makes the laws, and the executive branch carries them out. In doing so, the executive branch has the power to decide what legislation means and how it should be put into effect. Through its power of legislative oversight, Congress can check on how the executive branch is administering the law.

65 Limits on Legislative Oversight In practice, however, lawmakers exercise the power of legislative oversight in an inconsistent way. There are several reasons that legislative oversight is not carried out consistently: Lawmakers do not have enough staff, time, or money to keep track of everything going on in the executive branch. Lawmakers know there are not many votes to be gained from most oversight activities, unless an investigation turns up a scandal or an unusual problem.

66 Limits on Legislative Oversight (cont.) The language of some laws is so vague that it is very difficult to judge exactly what they mean. Committees sometimes come to favor the federal agencies they are supposed to oversee.

67 Congressional Limits on Executive Activities Congress exercises its oversight power in several ways. One way is for Congress to require executive agencies to submit reports to Congress on their activities. A second oversight technique is for lawmakers to ask one of the congressional support agencies to study an executive agency s work.

68 Congressional Limits on Executive Activities (cont.) The General Accounting Office (GAO), for example, monitors the finances of federal agencies to make sure public money has been spent according to law and in an appropriate manner. The power of Congress to appropriate money provides another means of oversight.

69 Congressional Limits on Executive Activities (cont.) Each year the House and Senate review the budgets of all agencies in the executive branch, allowing Congress to shape public policy by expanding, reducing, or eliminating certain programs. For years Congress used the legislative veto to write certain provisions into some laws.

70 Congressional Limits on Executive Activities (cont.) These provisions allowed it to review and cancel actions of the executive agencies that carried out those laws. In 1983 the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that the veto was unconstitutional because it violated the principle of separation of powers. Click the blue hyperlink to explore the Supreme Court case.

71 Independent Counsel In 1994 Congress renewed the independent counsel law originally passed in The law authorized the House or Senate judiciary committee to require the attorney general to investigate charges of crimes by officials. If the investigation finds grounds for further investigation, the attorney general may petition to appoint an independent counsel.

72 In what ways are a witness s rights in a congressional investigation similar to and different from a witness s rights in a court? In both cases witnesses can be subpoenaed, required to testify under oath, and prosecuted for perjury. Witnesses rights must be respected. Congress can grant witnesses immunity. Click the mouse button or press the Space Bar to display the answer.

73 By what methods does Congress exercise its powers of legislative oversight? Congress exercises its powers of legislative oversight by requiring executive agencies to submit reports, studying executive agencies work, making budgetary decisions that affect executive agencies, and ordering special investigations. Click the mouse button or press the Space Bar to display the answer.

74 End of Section 2 Click the mouse button to return to the Contents slide.

75 Congress and the President Key Terms national budget, impoundment Find Out How have the characteristics of the American system led to competition and conflict between Congress and the president? Why has power shifted back and forth between the president and Congress over the years? Additional lecture notes appear on the following slides.

76 Congress and the President Understanding Concepts Checks and Balances Why do some people state that deadlock and inaction are built-in features of American government? Section Objective Analyze the dynamics in the relationship between the legislative and executive branches of the federal government. Additional lecture notes appear on the following slides.

77 Introduction Many of the president s most important executive responsibilities require congressional cooperation. When Congress refuses to cooperate, the president may become frustrated. On the other hand, all bills Congress passes require the president s signature before they become law.

78 Introduction (cont.) Overriding a presidential veto requires a two-thirds majority in each house of Congress, which usually is difficult to obtain. Consequently, a veto or even the threat of one is an important legislative power the president exercises.

79 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. Recent presidents have frequently found it hard to work with Congress for several reasons.

80 Constituents and Conflict A large national electorate chooses presidents who promote policies they believe are in the best interests of the entire nation. Individual states and congressional districts, representing much narrower interests, elect members of Congress. Members of Congress often have ideas very different from the president about what constitutes desirable public policy.

81 Checks and Balances The system of checks and balances gives Congress and the president the power to counteract each other. Political historian James MacGregor Burns contends that the system is designed for deadlock and inaction. He argues that these checks and balances result in the President versus Congress.

82 Party Politics Partisan political differences can affect the relationship between the president and Congress. This is especially evident when the different parties control the White House and Congress. In recent decades the president s party rarely has controlled either house of Congress, so conflict between the branches has increased.

83 Organization as a Cause of Conflict The organization of Congress provides many weapons to those who want to resist a legislative proposal of the president. Rules of procedure, such as the Senate s unlimited debate rule, can be used to block action on legislation. Because the basic shape of legislation is set in committees and subcommittees, the committee system also may be a weapon against the president.

84 Organization as a Cause of Conflict Conflicts in government occur when a president wants a major proposal approved and a committee tries to delay, revise, or defeat it. (cont.)

85 Differing Political Timetables Conflicts may also occur because the president and Congress have different political timetables. At best, presidents have only eight years to accomplish their agenda. They look for quick action on legislative proposals. Senators and representatives are not limited to two terms in office, and most can look forward to being reelected for many terms.

86 Differing Political Timetables (cont.) Because of this, they can take more time to look over legislation and move slowly if they do not agree with the president s proposals. Lawmakers in both houses may not be eager to act on legislation that does not directly benefit their states or districts.

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90 The Struggle for Power The system of checks and balances makes it likely that the president and Congress will always compete for power. Which branch will dominate in any specific period depends on many factors, including the political issues of the time and the leaders in Congress and the executive branch.

91 Curbing the President s Emergency Powers In times of crisis, Congress has delegated additional powers to the president. Presidents have declared martial law, seized property, controlled transportation and communication, and sent armed forces overseas. In 1976 Congress passed the National Emergencies Act which curbed the enormous powers that presidents acquire when they declare a state of emergency.

92 Curbing the President s Emergency Powers (cont.) Presidents no longer possess automatic emergency powers. Presidents must notify Congress when they intend to declare a national emergency, and a state of emergency cannot last more than one year unless the president repeats the process. In addition, Congress can end a state of emergency at any time by passing legislation.

93 The Budget Impoundment and Control Act Over the years presidents have assumed more responsibility for planning the national budget, the yearly financial plan for the entire national government. In 1974 Congress passed the Congressional Budget and Impoundment Control Act in an effort to increase its role in planning the budget.

94 The Budget Impoundment and Control Act (cont.) The act established a permanent budget committee for each house and created a Congressional Budget Office (CBO) to provide financial experts to help Congress. In addition, the act limited impoundment the president s refusal to spend money Congress has voted to fund a program.

95 The Budget Impoundment and Control Act (cont.) The law requires that appropriated funds must be spent unless the president requests and both houses agree that the monies not be spent.

96 Use of the Legislative Veto More than 200 laws have contained some form of legislative veto between 1932 and 1983, when it was declared unconstitutional. The veto was not widely used, however, until Congress reasserted its authority in the 1970s. Since the Supreme Court ruling, Congress has searched for a constitutional alternative to the legislative veto.

97 Line-Item Veto The Constitution provides for a presidential veto of entire bills. Many presidents have asked Congress for a line-item veto, enabling them to veto only certain lines or items in a bill. Sentiment for giving the president such veto power was strong in the mid-1990s. House and Senate Republicans passed a complex version of a line-item veto bill in 1995, calling it an enhanced rescission bill.

98 Line-Item Veto (cont.) Signed into law by President Clinton, the bill authorized the president to veto spending items and certain limited tax breaks. When the president did veto an item, Congress could pass a freestanding bill to reinstate the spending. If the president vetoed this bill, Congress could override it by a two-thirds majority of both houses.

99 Line-Item Veto (cont.) In 1997 the Supreme Court threw out an initial challenge to the law by members of Congress but did not rule on its constitutional merits. In 1998 the Supreme Court ruled the Line- Item Veto Act unconstitutional.

100 How have the characteristics of the American system led to competition and conflict between Congress and the president? Factors such as the checks and balances system, party politics, and differing political timetables cause conflict. Click the mouse button or press the Space Bar to display the answer.

101 Why has power shifted back and forth between the president and Congress over the years? Strong presidents challenge congressional supremacy. Click the mouse button or press the Space Bar to display the answer.

102 End of Section 3 Click the mouse button to return to the Contents slide.

103 How are expressed powers and implied powers related? Implied powers are necessary to carry out expressed powers. Click the mouse button or press the Space Bar to display the answer.

104 Why has the power to regulate interstate commerce become such an important power of Congress? The definition of interstate commerce has expanded to give Congress authority over virtually everything that crosses state lines. Click the mouse button or press the Space Bar to display the answer.

105 List five nonlegislative powers of Congress. Congress chooses the president and vice president if no candidate has a majority in the Electoral College; charges federal officials suspected of misconduct in office and removes them if guilty; and proposes amendments to the Constitution. Furthermore, the Senate confirms presidential appointments of federal officials and ratifies treaties. Click the mouse button or press the Space Bar to display the answer.

106 Why does Congress conduct investigations? Congress investigates charges of wrongdoing and problems that may require new legislation. Click the mouse button or press the Space Bar to display the answer.

107 What are three methods that Congress uses to oversee the executive branch? Congress oversees the executive branch by requiring executive agencies to report on their activities, asking the congressional support agencies to study an agency s work, and reviewing each agency s budget. Click the mouse button or press the Space Bar to display the answer.

108 Identify three powers that Congress and the president share. Congress and the president share the powers of paying expenses, appointing federal officials, and making treaties. Click the mouse button or press the Space Bar to display the answer.

109 What are the main causes of conflict between the president and Congress? Causes include different constituencies, the system of checks and balances, congressional organization, party politics, and differing political timetables. Click the mouse button or press the Space Bar to display the answer.

110 On what grounds did the Supreme Court declare the legislative veto unconstitutional? The Supreme Court claimed it is an unconstitutional violation of the separation of powers principle. Presidents have called it a challenge to their authority. Click the mouse button or press the Space Bar to display the answer.

111 On what basis might the writers of the Constitution have decided which powers should go only to Congress and which powers Congress should share with the president? They might have divided powers they thought were basic to the process of government and would influence the exercise of other powers. Click the mouse button or press the Space Bar to display the answer.

112 Chapter Bonus Question If Congress never issued a declaration of war, how did the United States wind up sending troops to fight in Vietnam? When North Vietnamese patrol boats allegedly attacked American destroyers in the Gulf of Tonkin in August 1964, Congress passed a resolution that gave President Lyndon Johnson power to take all necessary measures to protect American forces. By the following spring, Johnson was sending American soldiers to Vietnam in ever-increasing numbers. Click the mouse button or press the Space Bar to display the answer.

113 End of Chapter Assessment Click the mouse button to return to the Contents slide.

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115 Use the MindJogger videoquiz as a preview, review, or both. Disc 1 Side 2 Chapter 6 Click the Videodisc button to play the MindJogger video if you have a videodisc player attached to your computer. If you experience difficulties, check the Troubleshooting section in the Help system. Click the Videodisc button to play the MindJogger video if you have a videodisc player attached to your computer.

116 Powers of the Congress Ratifying Treaties Powers of the Congress Declaring War Click a blue hyperlink to select an ABCNews Interactive video segment.

117 Ratifying Treaties Powers of the Congress This segment explores the Senate s power to ratify or reject treaties. Click the Videodisc button to play the ABCNews InterActive video if you have a videodisc player attached to your computer. If you experience difficulties, check the Troubleshooting section in the Help system. Side 1 Chapter 45 Click the Videodisc button to play the video if you have a videodisc player attached to your computer.

118 Declaring War Powers of the Congress This segment explores the declaration of war after the Japanese attack on Pearl Harbor. Click the Videodisc button to play the ABCNews InterActive video if you have a videodisc player attached to your computer. If you experience difficulties, check the Troubleshooting section in the Help system. Side 1 Chapter 17 Click the Videodisc button to play the video if you have a videodisc player attached to your computer.

119 Checks and Balances Powers of the President This segment explores how each branch of government relies on the others to define limits on and set the scope of its powers. Click the Videodisc button to play the ABCNews InterActive video if you have a videodisc player attached to your computer. If you experience difficulties, check the Troubleshooting section in the Help system. Side 2 Chapter 14 Click the Videodisc button to play the video if you have a videodisc player attached to your computer.

120 Influencing Congress Congressional staffs read hundreds of letters from constituents every day. These letters help give direction to decisions Congress makes in exercising its powers. It is important to learn what those powers are and how you can affect those decisions. The Chapter 6 video lesson The Powers of Congress will show you how Congress impacts your life. Click the forward button or press the space bar to access the Democracy In Action preview and activities.

121 The Powers of Congress Disc 1 Side 1 Chapter 6 Click inside this box to play the preview. Click the Videodisc button anytime throughout this section to play the complete video if you have a videodisc player attached to your computer. Click the Forward button to view the discussion questions and other related slides.

122 Objectives The Powers of Congress Disc 1 Side 1 Chapter 6 Understand the difference between making war and declaring war. Recognize the purpose of the War Powers Resolution. Have a feel for the changing role of Congress and the president in decisions regarding war.

123 Activity The Powers of Congress Disc 1 Side 1 Chapter 6 What is the difference between making war and declaring war? Which power would you prefer if you were a political decision maker? Making war implies the actual activity of marshaling troops, planning strategy, and carrying out maneuvers. Declaring war is the public assertion of government commitment to hostile action. Click the mouse button or press the Space Bar to display the answer.

124 Activity The Powers of Congress Disc 1 Side 1 Chapter 6 Describe the actions of the following presidents in making war: Harry Truman, Dwight Eisenhower, George Bush. Harry Truman: Dwight Eisenhower: George Bush: sent troops to Korea sent troops to Lebanon sent troops to Kuwait to fight Iraq Click the mouse button or press the Space Bar to display the answer.

125 Activity The Powers of Congress What is the main requirement of the War Powers Resolution? Disc 1 Side 1 Chapter 6 The president must consult with Congress within forty-eight hours after sending troops into war. Click the mouse button or press the Space Bar to display the answer.

126 End of Why It s Important Click the mouse button to return to the Contents.

127 Explore online information about the topics introduced in this chapter. Click on the Connect button to launch your browser and go to the United States Government: Democracy in Action Web site. At this site, you will find interactive activities, current events information, and Web sites correlated with the chapters and units in the textbook. When you finish exploring, exit the browser program to return to this presentation. If you experience difficulty connecting to the Web site, manually launch your Web browser and go to gov.glencoe.com

128 Section Focus Transparency 6-1 (1 of 2)

129 1. $50; $ to borrow money from the purchasers, which helps finance government operations 3. Answers will vary but may include safety, ease, tax advantages, or patriotism. Section Focus Transparency 6-1 (2 of 2)

130 Section Focus Transparency 6-2 (1 of 2)

131 1. as the most important function a Congressional committee can perform 2. Answers will vary but may mention the use of government supplies and equipment and use of paid government time at government facilities. 3. to collect information about the alleged illegal fundraising activities of the DNC Section Focus Transparency 6-2 (2 of 2)

132 Section Focus Transparency 6-3 (1 of 2)

133 1. three 2. once 3. by making vetoed bills part of other bills which later became laws Section Focus Transparency 6-3 (2 of 2)

134 The most bitter battle on treaty ratification in American history took place in 1919 when, despite the urging of President Woodrow Wilson, the Senate refused to ratify the Treaty of Versailles to end World War I.

135 In Congress Assembled... Congress s main job is to pass laws. From the simplest to the most complex, a federal law must begin with the following words: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled... Without those words, known as the enacting clause, an act of Congress is just a piece of paper, even though it has been, as required, passed in identical form by both the House and Senate and signed by the president.

136 Gibbons v. Ogden (1824) This case made it clear that the authority of Congress to regulate interstate commerce (U.S. Const. art. I, 8, cl. 3) includes the authority to regulate intrastate commercial activity that bears on, or relates to, interstate commerce. Before this decision, it was thought that the Constitution would permit a state to close its borders to interstate commercial activity which, in effect, would stop such activity in its tracks. This case says that a state can regulate purely internal commercial activity, but only Congress can regulate commercial activity that has both intrastate and interstate dimensions. Click the Section Start button to return to the lecture notes.

137 U.S. Constitution Article I, Section 8, Clause 3 The Congress shall have the Power To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Click the Section Start button to return to the lecture notes.

138 Heart of Atlanta Motel, Inc. v. United States (1964) This case upheld the Civil Rights Act of 1964, which prohibits racial discrimination by those who provide goods, services, and facilities to the public. The Georgia motel in the case drew its business from other states but refused to rent rooms to African Americans. The Supreme Court explained that Congress had the authority to prohibit such discrimination under both the equal protection clause (U.S. Const. amend. XIV, 1) and the commerce clause (U.S. Const. art. I, 8, cl. 3). (Continued) Click the Section Start button to return to the lecture notes.

139 Heart of Atlanta Motel, Inc. v. United States (cont.) With respect to the commerce clause, the Court explained that hotels and motels are involved in interstate commerce and that Congress had ample evidence to conclude that racial discrimination by hotels and motels impedes interstate commerce. Click the Section Start button to return to the lecture notes.

140 U.S. Constitution Amendment 14, Section 1 All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. Click the Section Start button to return to the lecture notes.

141 U.S. Constitution Article I, Section 8, Clause 3 The Congress shall have the Power To regulate Commerce with foreign Nations, and among several States, and with the Indian Tribes. Click the Section Start button to return to the lecture notes.

142 Watkins v. United States (1957) This case limited the authority of congressional committees to hold witnesses in contempt for refusing to answer questions. The Supreme Court explained that a witness can be required to answer questions posed by a committee of Congress, but only if the questions are relevant to the committee s purpose. The Court also held that a witness before a congressional committee can invoke the Fifth Amendment s privilege against selfincrimination. Click the Section Start button to return to the lecture notes.

143 Immigration and Naturalization Service v. Chadha (1983) This case held that legislative action by Congress must comply with the Constitution. In this case, the Supreme Court concluded that the Constitution did not permit one house, acting unilaterally, to override the decision of the attorney general allowing an alien, Chadha, to remain in the United States. The Court said that the attorney general s decision could be set aside only by legislation passed by both houses and signed into law by the president, or passed a second time by a two-thirds vote of both houses in the event of a presidential veto. Click the Section Start button to return to the lecture notes.

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