Chapter 6 Government Based on Study Guide

Text of Elastic/Necessary and Proper Clause

The Congress shall have Power ... To make all Laws which shall be NECESSARY AND PROPER for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

What is the current U.S. National Debt?

twenty (period) 47 trillion dollars

Does the Constitution limit government spending (does it define a "debt ceiling")?

—No

Partisan Party Politics

—Most elected officials feel loyalty toward their parties' philosophies/goals and supporting legislation. —single party control of executive and legislative branches reduces partisan conflicts —divided government = competing philosophies/goals make it harder for executive and legislative branches to reach a consensus

What events and legislation have shifted the balance of power between Congress and the president?

—main ongoing issues that cause shifts in the balance of power between Congress and the president involve authorizations for the use of military force through emergency powers and issues of the national budget and spending. —Key events/legislation: ——>Military/War ———>Gulf of Tonkin Resolution (1964) ———>War Powers Resolution (1973) ———>post 9/11/11 AUMF (2011) ——>Budget ———>Congressional Budget and Impoundment Control Act (1974) ———>SCOTUS declaration of legislative veto as unconstitutional (1983) ———>SCOTUS declaration of line-item veto as unconstitutional (1998)

Different Political Timetables

—members of the House = two year terms BUT tend to function on an open-ended timetable unrestricted by deadlines because they have no term limits and can run for re-election continuously. —Senators = no term limits and 6 year terms = longer timetables for passing legislation even if not running for re-election. —presidents have approx. 3 effective years of 4 year term (7 of 8 if re-elected) then cannot again = much more pressure to get legislation passed ASAP —differences in goals and perspectives = more difficult for the executive and legislative branches to agree, particularly if there is a divided government.

Speech Defending Line Item Veto (Key Points)

—much-needed tool —would decrease frivolous wasteful spending amendments (riders) to important legislation. —Many state governors already enjoy this ability to veto parts of a bill without striking down a bill in its entirety. —Opponents claim it would increase power of executive branch AND would not reduce wasteful spending, but MIGHT actually increase it ——>increase would come from deal-making between legislators and president (tit for tat spending) —issues could be addressed through careful wording —1996 Line Item Veto Act declared unconstitutional by SCOTUS 1998 ——>stated it violated the Presentment Clause (Article I, Section 7) of the Constitution (which outlines how bills become laws) AND the "separation of powers." ——>Justice John Paul Stevens wrote the majority opinion for SCOTUS ———>pointed out need for constitutional amendment to change Presentment Clause = suggests could be possible. —1996 Line Item Veto Act had provision for override of vetoed items (required 2/3 majorities of both houses like existing veto) —constitutional amendments can only be proposed by either a two-thirds majority vote of Congress or a call for conventions by at least two-thirds of the state legislatures and ratification requires approval by at least three-quarters of state legislatures. —steep standard for approval is what led to the creators of the 1996 legislation that was struck by down to go the legislative route rather than the constitutional amendment route. —people know line item veto works and can observe it working in their own states —opposition based on it causing more spending has no real evidence to back it up —ability to restore vetoed items with a two-third majority vote all argue that the line item veto is necessary and a constitutional amendment to empower the president with it should be proposed by Congress.

Differences in Constituencies

—president = responsible for all U.S. citizens —members of Congress = for people in specific geographic locations (districts for members of the House of Representatives and states for members of the Senate) = much narrower groups. —Members of Congress have to come back/face constituents with different needs/priorities than overall country —these competing agendas can make it hard for the president to get Members of Congress to agree his legislative goals if they are in conflict with the needs of the congressional constituencies.

Congress' OVERSIGHT powers

—through LEGISLATION —through INVESTIGATION

Congress and the President reasons for TENSION (JACKSON NOTES)

Congress v. The president (Reason for Tension) Constituents- Individual Senators and House members represent few people whereas the President represents 325 Million Timetable- Presidents have four years and only two terms whereas individual senators have six years and can run for reelection for life. Politics- If Congress is Republican and the President is Democratic (or vice versa), Congress may refuse to cooperate with the President. This is commonly known as "Gridlock"

Elastic/Necessary and Proper

It is necessary and proper for me to carry 18 hair elastics —"necessary and proper" clause = Article 1, Section 8, Clause 18 = "elastic" clause

Implied Powers of Congress

o—IMPLIED Powers (derived from Clause 18, "The Elastic Clause") ♣—->Money/Commerce —-—>The power to support public schools, welfare programs, public housing, etc —-—>The power to prohibit discrimination in restaurants, hotels, and other public accommodations. ♣—->Military/Foreign Policy Powers —-—>The power to draft people into the armed services. —-—>The power to raise, regulate, and support an air force. ♣—->Social/Domestic Powers —-—>The power to limit the number of immigrants to the United States. —-—>The power to collect and deliver the mail.

Heart of Atlanta Motel v. United States

—1964 case —Motel owner claimed his business was a local business and therefore not part of interstate commerce. —SCOTUS said NO—places of accomodation serve travelers who cross state boundaries (and if blacks couldn't find places to stay or eat, how would interstate commerce take place?)

War Powers Act

—1973 War Powers Resolution (passed in 1973, vetoed by President Nixon, and then reinstated with a successful veto override) requires the president to either have an appropriate declaration of war/authorization from Congress or be reacting to a national emergency as the result of an attack on the United States broadly defined (including territories, property, people, military, etc.). —without Congressional approval 2 days, 2 months restrictions (with another month for moving back out)

Movement without War Powers Authorization

—>Ford, Cambodia, 1975 —>Reagan, Lebanon and Grenada, 1983 —>G.H.W. Bush, Panama in 1989 and Somalia in 1992-1993 —>Clinton, Serbia, 1999. —expansive AUMFs (Authorizations for the Use of Military Force) ——>sG.H.W. Bush, 1990-1991 Persian Gulf Crisis ——>G.W. Bush, post-9/11 2001 attacks and for 2002-2003 invasion of Iraq —United States troops are still fighting around the world against terrorism supposedly justified by the 2001 post-9/11 AUMF which granted the president broad powers.

Appropriation bill

—APP = Annually Provide Payoff —bill (proposed law) to authorize spending money —Appropriations bills annually provide funds for already authorized agencies —legislative process for these is NOT spelled out in Constitution

Which presidents have been impeached?

—Andrew Johnson (acquitted by one vote) —William Jefferson Clinton (acquitted 55-45 on perjury charge and 50-50 on obstruction charge) —Nixon was not impeached because he resigned while the charges were being drawn up and before the house could vote the charges into place.

Who usually comes up with appropriations bills?

—Appropriations Bills usually originate with the president.

TAXING POWER CLAUSE

—Article 1, Section 7 and Article 1, Section 8, Paragraph 1 —1.7 and 1.8.1 —1.7 = revenue starts with representatives —1.8.1 = "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence[note 1] and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States."

Elastic Clause

—Article 1, Section 8, Clause 18 (1.8.18) —aka "necessary and proper" clause —clause that allows for implied powers —allows Congress to bend and stretch (and expand) their powers

Copyrights and Patents

—Article 1, Section 8, Clause 8 "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;" —These constitutional powers were set up to ——>protect intellectual property ——>foster creativity, entrepreneurship, and economic competition

Naturalization

—Article 1, Section 8, paragraph —process by which immigrants become citizens —Congress also has power to admit new states and govern territories (Puerto Rico, Guam, U.S. Virgin Islands, Northern Mariana Islands, American Samoa, Wake Island, etc.)

SPENDING POWER CLAUSE

—Article 1, Section 9, Paragraph 7 (1.9.7) —"No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time."

Powers of Congress located/described where in Constitution?

—Article I of Constitution —nearly half of Article I of the Constitution deals with the legislative branch —framers believed lawmaking was most important function of government AND area of government with greatest potential for abuse.

Authorization Bill

—Authorization = authorizes program —bills (proposed laws) that ——>establish a program ——>say how much can be spent on the program —establish/create (or extend/modify) programs (including how much money can be spent on them) —authorization = establishes program and spending

Bankruptcy

—Bankruptcy is a court proceeding in which a judge and court trustee examine the assets and liabilities of individuals and businesses who can't pay their bills and decide whether to discharge those debts so they are no longer legally required to pay them.

President Nixon and Watergate

—Break in and wires placed at watergate hotel. Nixon questioned: What did you know, (how, when) did you know it? 1971 —Pentagon Papers leaks to press showing previous presidents lied to Congress for support for Vietnam war —Nixon appproved "The Plumbers" to investigate the leaks 1972 (May) —CR(ee)P (Committee to ReElect the President) and Actual Scandal —John Mitchell = BFF and former attorney general = heading up CR(ee)P (Committee to ReElect the President) —JM approved plan to have "The Plumbers" install illegal wiretaps in the DNC headquarters at the Watergate Hotel in Washington, D.C. 1972 (June 17) —Plumbers returned to break into the DNC headquarters AGAIN to fix a broken wiretap —5 men were arrested and eventually a check found in the hotel room of the burglars was connected to a high-ranking official in the Nixon re-election campaign —scandal was soon tied to President Nixon himself. —Nixon tried to get the CIA to intervene and get the FBI to conceal the arrests —Nixon's advisors (especially Haldeman and Ehrlichman) paid hundreds of thousands of dollars of BRIBES to defendants not to name the Nixon campaign in their trials. 1973: —all 5 men found guilty of burglary —some sentenced to 40 years in prison but Judge John Sirica said he would reduce sentences if they agreed to testify to Senate about their crimes. —One man, James McCord, testified to the Senate that CR(ee)P had authorized the break-in. 1973 (May) —Nixon accepts appointment of special investigator Archibald Cox but then refuses to hand over tapes from White House to Cox. —"Saturday Night Massacre" = when Nixon fired Cox instead of handing over tapes leading to people being even more suspicious of his involvement in the crime. —@SAME TIME: VP Spiro Agnew accused of tax evasion and bribery and resigned just before "the massacre" leading to the appointment of Gerald Ford as new VP. 1974 (February) —House approves committee to investigate possibility of impeachment 1974 (July 27, 29, and 30) —Committee approved three articles of impeachment against Nixon and reported them to the House: —>obstruction of justice —>abuse of power —>contempt of Congress, and reported —Two other articles of impeachment were debated but not approved. (August 9) —Nixon resigns BEFORE House vote on whether to accuse/try Nixon in impeachment proceedings —Howard Baker, Senator for Tennessee: = famous for having asked aloud, "What did the President know and when did he know it?" —The question is sometimes attributed to being given to him by his counsel and former campaign manager, future U.S. Senator Fred Thompson."

How has Congress used its taxing and spending power to regulate the economy?

—By cutting individual income taxes in an effort to encourage spending and create growth in the economy. —By trying to reduce federal spending in order to reduce the federal deficit.

Heart of Atlanta Motel v. United States (1964)

—Civil Rights Act of 1964 says places of public accommodation (hotels, motels, restaurants, busses/planes/trains, bus/train stations) [discrimination can only be done in private settings like private country clubs) —The Heart of Atlanta Motel in Atlanta, Georgia, refused to rent rooms Black Americans and was charged with violating Title II of Civil Rights Act —Owner claimed motel was a local business and therefore not part of interstate commerce. —SCOTUS (Warren Court) held that Commerce Clause allowed Congress to regulate local incidents of commerce (not just interstate ones), and that the Civil Rights Act of 1964 passed constitutional muster = it met the test for that —Court noted that the applicability of Title II was "carefully limited to enterprises having a direct and substantial relation to the interstate flow of goods and people. . ." = Title II was carefully crafted specifically to deal with all kinds of interstate travel/accommodation —Court noted that ——>places of accomodation served travelers who crossed state boundaries ——>If African Americans could not find decent places to stay/eat, how would interstate commerce be able to take place? —Court thus concluded that places of public accommodation had no "right" to select guests as they saw fit, free from governmental regulation. (hotels/motels/restaurants are not private unless they have restricted membership lists)

How the system of checks and balances leads to conflicts between the President (Executive Branch) and the Congress (Legislative Branch)

—Conflict over who has what power (war) —Conflict over economic goals..president can impound (withhold) funds allocated by Congress —congressional approval of appointments nominated by president means pres doesn't automatically get his way

What powers of Congress are listed in the Constitution?

—Congress has both legislative and non-legislative powers. —Congress has both Expressed (aka enumerated) and Implied Powers o—Expressed/Enumerated Powers ♣—->Money/Commerce —-—>Lay and Collect taxes to provide for the defense and general welfare of the United States (Clause 1) —-—>Establish Bankruptcy Laws (Clause 4) —-—>Coin, print, and regulate money (Clause 5) —-—>Regulate Foreign and Interstate Commerce (Clause 6) ♣—->Military/Foreign Policy Powers —-—>Declare War (Clause 11) —-—>Raise, support, and regulate an army and navy (Clauses 12, 13, 14) —-—>Provide, regulate and call into service a militia, known as the Natioal Guard (Clauses 15 and 16) —-—>Punish acts committed on international waters and against the laws of nations (Clause 10) ♣—->Social/Domestic 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. and federal property in the States (Clause 17) o—IMPLIED Powers (derived from Clause 18, "The Elastic Clause") ♣—->Money/Commerce —-—>The power to support public schools, welfare programs, public housing, etc —-—>The power to prohibit discrimination in restaurants, hotels, and other public accommodations. ♣—->Military/Foreign Policy Powers —-—>The power to draft people into the armed services. —-—>The power to raise, regulate, and support an air force. ♣—->Social/Domestic Powers —-—>The power to limit the number of immigrants to the United States. —-—>The power to collect and deliver the mail.

Power to Choose the President

—Constitution requires Congress to hold joint session to count Electoral College votes for new president —original rules superceded by 20th and 25th amendments —20th Amendment ——>terms for Congress start on 1/3 and Pres on 1/20 ——>Congress meets at least once per year ——>DEATH OF PRES BEFORE TAKING OFFICE = VP REPLACES PRES —25th Amendment ——>death or resignation = VP becomes Pres (if happens before taking office) ——>vacancy in VP office = Pres nominates a replacement who has to be CONFIRMED BY BOTH HOUSES OF CONGRESS ——>when Pres can't serve, he notifies President Pro Tem of Senate and VP takes over for Pres ——>if others tell President Pro Tem that Pres is unfit to serve, VP takes over for Pres until Pres declares himself ok (can be repeated indefinitely)

Copyright your art for life, Patent your invention for a generation.

—Copyright = author/composer/artist = lifetime + second lifetime (70 years) —Patent = inventor = generation (70 years)

President Reagan and the Iran-Contra Affair

—Could not send weapons to Iran, Reagan did anyway, and claimed he didn't. —Senior administration officials secretly facilitated the sale of arms to Iran, which was the subject of an arms embargo. —They hoped, thereby, to fund the Contras in Nicaragua while at the same time negotiating the release of several U.S. hostages in Lebanon. —Under the Boland Amendment, further funding of the Contras by the government had been prohibited by Congress.

Investigative Power

—Critical Implied Power = ability to investigate social and economic misconduct and oversee performance of government agencies —Founders neither granted nor denied power of Investigations to Congress —long history of Congressional investigations into government failures and scandals. —investigations by either standing or select committees —When exercising its investigative power Congress can subpoena witnesses, hold them in contempt and give them immunity from prosecution.

What does article I, Section 9 of Constitution do?

—DENIES certain powers to congress including... ——>Congress MAY NOT suspend the writ of habeas corpus EXCEPT in cases of rebellion ——>Congress MAY NOT pass bills of attainder ——>Congress MAY NOT pass ex post facto laws

Interstate Commerce in the COMMERCE CLAUSE

—Defined in Article 1, Section 8, Paragraph 3 —authorizes Congress to regulate FOREIGN AND INTERSTATE (domestic) COMMERCE —one of the MOST SWEEPING POWERS provided to Congress (and they keep expanding it!!!) —SCOTUS has made many decisions about the Commerce Clause

Foreign Policy Powers

—Defined in Article 1, Section 8, Paragraph 4 (1.8.4) = 1.8.FOUReign policy ——>Jackson —Declare War (Clause 11) —Maintain Army and Navy (raise, support, and regulate an army and navy = Clauses 12, 13, 14) —Regulate Foreign Trade (Clause 3) —Confirm diplomatic Appointments —>Ratify Treaties ——>TEXT —Declare War (Clause 11) —Raise, support, and regulate an army and navy (Clauses 12, 13, 14) —Provide, regulate and call into service a militia, known as the Natioal Guard (Clauses 15 and 16) —Punish acts committed on international waters and against the laws of nations (Clause 10)

What are some major decisions that have defined/expanded/dealt with the Commerce Clause?

—Gibbons v. Ogden (1824) —Heart of Atlanta Motel v. United States (1964) —Affordable Care Act (2012)

Impeachment Power

—HOUSE holds impeachment power (majority rule) —Impeachment = charge/accuse of misconduct (determined by house) for the... —TRIAL = in the Senate (2/3 majority required for conviction ——Chief Justice of SCOTUS presides over impeachment trial in Senate —Article 1.2.5 = "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment." —Article 1.3.6 = " The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present."

Senator Robert F. Kennedy/Investigation of unions, mafia.

—Investigated Italians from New Jersey and grilled them, trying to find mafia members. —Biographers say that RFK blamed himself for JFK's assassination because he thought that the mafia might be behind it.

Writ of Habeas Corpus

—JACKSON = ""Bring the body" to court = to bring the body —court order (literally means "have the body! "often translated as "to produce the body") to a person or agency holding someone in custody (such as a warden) to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person's detention. —bring the person and show that you have evidence to have them in custody —(text) "a court order to release [bring out of detention and physically present them in court] a person accused of a crime to court to determine whether he or she has been legal detained."

Ex Post Facto law

—Jackson = After the Fact —civil or criminal law with retroactive effects —Latin = "from after the fact" OR "from a thing have been done after" —law that retroactively alters a defendant's rights esp. by criminalizing and imposing punishment for an act that was not criminal or punishable at the time it was committed, by increasing the severity of a crime from its level at the time the crime was committed, by increasing the punishment for a crime from the punishment imposed at the time the crime was committed, or by taking away from the protections (as evidentiary protection) afforded the defendant by the law as it existed when the act was committed —(text) "law[s] that criminalize an act that was legal when it was committed"

Senator McCarthy and the Committee on Un-American Activities (HUAC)

—Joseph McCarthy —Jackson = Joseph McCarthy/ Committee on Communism —Turning of senate floor into a courtroom, made claims of communist senators. those tried could never be employed, lost their homes, cars, and jobs. —McCarthy was NOT actually a part of HUAC though he is associated with it ——>McCarthy = Senator ——>McCarthy = Chairman of the Government Operations Committee and its Permanent Subcommittee on Investigations of the U.S. Senate, not the House. ——>McCarthy capitalized on national paranoia by proclaiming that COMMUNIST SPIES were omnipresent and that he was America's only salvation.

How does Congress oversee the executive branch?

—Legislative oversight (power "of the legislative branch to review the policies, programs, and activities of the executive branch on an ongoing basis.) —Congress can limit the executive ——>by requiring executive agencies to report to it (despite the legislative veto being declared unconstitutional in 1983) ——>by having support agencies such as the GAO (General Accounting Office) audit executive branch departments ——>by controlling the flow of money in the executive branch by deciding to expand, reduce, or eliminate programs in the budget as part of their review of the budgets of all agencies in the executive branch.

Confirmation Power

—Mainly military officers, cabinet officers, and federal judges —President picks, Senate confirms —Senate must approve presidential appointments to office —often only a formality —Senate looks more closely at ——>nominations to cabinet positions for regulatory agencies & major diplomatic and military posts (these appointments usually only last as long as term of president) —Senate looks most closely at lifetime appointments ——>federal judges (including SCOTUS judges)...Senate has rejected about 20 percent of overall SCOTUS nominations

President Clinton and Monica Lewinsky

—Monica Lewinsky performed oral sex on Bill Clinton in the White House. —Bill Clinton said he did not have sex with Monica Lewinsky. —President Clinton was investigated for perjury, and the dress which Monica wore was found with president clinton's semen on it. —He was found not guilty of 'not knowing oral sex was sex.' after impeachment during the Senate impeachment trial —Testimony was during the pursuit of a different federal investigation: The Whitewater Investigation by Special Prosecutor Kenneth Starr

Write an essay explaining whether you think the president or Congress has gained more power in recent years.

—Over the past few decades the president has consistently gained more power despite congressional attempts to limit the power of the Executive —most power about waging war without interference —1973 War Powers Resolution (passed in 1973, vetoed by President Nixon, and then reinstated with a successful veto override) requires the president to either have an appropriate declaration of war/authorization from Congress or be reacting to a national emergency as the result of an attack on the United States broadly defined (including territories, property, people, military, etc.). —without Congressional approval 2 days, 2 months restrictions (with another month for moving back out) —ignored by: ——>Ford, Cambodia, 1975 ——>Reagan, Lebanon and Grenada, 1983 ——>G.H.W. Bush, Panama in 1989 and Somalia in 1992-1993 ——>Clinton, Serbia, 1999. —expansive AUMFs (Authorizations for the Use of Military Force) ——>sG.H.W. Bush, 1990-1991 Persian Gulf Crisis ——>G.W. Bush, post-9/11 2001 attacks and for 2002-2003 invasion of Iraq —United States troops are still fighting around the world against terrorism supposedly justified by the 2001 post-9/11 AUMF which granted the president broad powers. —U.S. entered war on terrorism and continues to fight it on multiple fronts without a clear exit strategy as a direct result of the increased power of the president.

GWB and 9/11

—People said jet fuel does not melt steel beams, people claimed the president was responsible, so he was investigated.

Implied Powers

—Powers that are implied to be granted in order for the government to be able to carry out its duties. —"necessary and proper" powers —for Congress these derive from the Elastic Clause (Article 1, Section 8, Clause 18)

How are appropriations and revenue bills sometimes used to regulate behavior, control the states, and to affect the economy?

—Regulate behavior = Sin Taxes ——>taxes on goods (at high rate) that are legal but undesirable according to the government (e.g. alcohol, tobacco, marijuana, gambling) —Control the States = Civil Rights ——>Civil Rights Act of 1964 (extension of commerce clause) forced states to desegregate transportation and lodging industries as well as schools and other public places ——>Minimum drinking and smoking ages or you lose federal funds ——>maximum speed limits or lose federal highway dollars to maintain infrastructure, especially interstate highways —Affect the Economy = tax increases and/or rebates/incentives ——>increased taxes on gasoline (which is also kind of a sin tax) shift economic dependence on foreign oil (hopefully reducing it) ——>rebates/incentives for farmers growing corn incentivizes increased production of ethanol (also hopefully reducing dependence on foreign oil)

Gibbons v. Ogden (1824)

—SCOTUS decided federal government has EXCLUSIVE power over interstate commerce. —NY state law said only people with NY state licenses could operate steamboats on waters within state jurisdiction (gave monopoly to people with state licenses) —Thomas Gibbons (steamboat owner who did business between New York and New Jersey under a federal coastal license) challenged the monopoly license granted by New York to Aaron Ogden. —unanimous SCOTUS said NY was superseded by Constitution which gave Congress power over interstate commerce —regulation of navigation as part of interstate commerce = Congressional power —national government had exclusive power over interstate commerce, negating state laws interfering with the exercise of that power.

How have SCOTUS rulings expanded the Commerce Clause?

—SCOTUS rulings have established that the meaning of "commerce" is way beyond just the selling of goods and services

Ratification

—Senate must ratify formal treaties with other nations —2/3 of Senators PRESENT must approve —usually not an issue —these days presidents bypass process by using EXECUTIVE AGREEMENTS negotiated directly with other governments (these DO NOT require Senate approval)

How do "taxing and spending" powers (aka "power of the purse") allow Congress to influence policy?

—Since no government agency can spend money without congressional authorization, this gives Congress control over agency policy because they can withhold funds.

How the Congress' spending power and the Commerce Clause has helped African Americans and other minorities obtain equal rights to white males

—Spending Power —Commerce Clause is the clause under which Congress exercised its power in the Civil Rights Act of 1964 to prohibit discrimination in restaurants, hotels, and motels (and also buses, trains, airplanes and their various stations and airports).

Tail-Hook Scandal

—The Tailhook scandal was a series of incidents where more than 100 U.S. Navy and United States Marine Corps aviation officers were alleged to have sexually assaulted 83 women and 7 men, or otherwise engaged in "improper and indecent" conduct at the Las Vegas Hilton in Las Vegas, Nevada. —The events took place at the 35th Annual Tailhook Association Symposium from September 8 to 12, 1991.

What happens when the government borrows to meet operating expenses?

—The national debt (the deficit) INCREASES

"Power of the Purse"

—The power of Congress to levy taxes and control spending to provide for the general welfare (Article I, Section 8)

What has been the most significant expansion of the legislative power of congress?

—The power of Congress' control over the economy through taxing, spending, and regulating interstate commerce.

What are the legislative powers of Congress?

—To pass laws on ——>Taxing and Spending... —-—>Revenue Bills —-—>Appropriations Bills —-—>Authorizations Bills ——>Commerce ——>Foreign Policy ——>Copyrights ——>Patents

Subpoena

—a legal order that a person appear or produce requested documents —Latin: sub poena (under the penalty/punishment) = you will suffer a penalty/punishment if you don't appear/produce the documents/evidence —Congressional committees have this power and use it frequently

Debt Ceiling

—a limit that Congress imposes on how much debt the federal government can carry at any given time.

Legislative veto

—a provision that Congress wrote into some laws that allowed it to review and cancel actions of executive agencies —used a lot in 1970's when Congress felt president had gotten too powerful —declared UNCONSTITUTIONAL by SCOTUS in 1983 (Immigration and Naturalization Service v. Chadha) —SCOTUS said that the legislative veto was unconstitutional because it violated the separation of powers —still sort of around because Congress is still requiring executive branch agencies to submit budget requests for approval (effectively gives Congress a veto)

HUAC (House Un-American Activities Committee)

—a.k.a., House Committee on Un-American Activities, HUAC or HCUA —often mistakenly associated with McCarthy, though he was in Senate investigating the same issue, he was NOT a member of HUAC —investigative committee of the United States House of Representatives. —created in 1938 to investigate alleged disloyalty and subversive activities on the part of private citizens, public employees, and those organizations suspected of having communist ties. —1969 = name changed to "House Committee on Internal Security". —1975 = House abolished committee and transferred to the House Judiciary Committee.

Expressed Powers

—aka Enumerated Powers —powers that are directly stated in the Constitution

Enumerated Powers

—aka Expressed Powers —powers that are directly stated in the Constitution

Necessary and Proper Clause

—aka the "elastic clause" —Article 1, Section 8, Clause 18 —implies Congress has powers beyond those in the first 17 Clauses of Article 1, Section 8

National Debt

—aka the deficit —money owed because government is borrowing to meet operating expenses (like living on credit card debt)

Powers DENIED to Congress

—article I, Section 9 of Constitution —DENIES certain powers to congress including... ——>Congress MAY NOT suspend the writ of habeas corpus EXCEPT in cases of rebellion or invasion when public safety requires it ——>Congress MAY NOT pass bills of attainder ——>Congress MAY NOT pass ex post facto laws ——>OTHER POWERS also denied (for example: power to tax exports)

Authorization—Appropriation Process

—authorization bill authorizes creation (or extension/modification) of program and defines how much money can be spent on it before the.... —appropriations bills annually provide

Government Securities

—bonds or other "promissory notes/certificates" issed by the government

Securities

—bonds or other "promissory notes/certificates" issed by the government —savings bonds (buy at half price and mature in 20 years0 —Treasury bills (pay based on inflation rate) —Treasury notes (short term with semi-annual interest payments, heavily influence credit market and mortgage rates)

What is the most common way that Congress uses its power to borrow funds in order to pay for government costs?

—by authorizing the sale of government securities

How does Congress exercise its power to investigate government agencies?

—congressional investigations for oversight and investigating government agencies. ——>Standing or select committees of Congress can conduct investigations such as: ———>Iran-Contra investigation which looked into military spending ———>the multiple (at least three) committees currently investigating Russian interference in the 2016 elections which raises questions about procedures in the Executive branch and the Department of Justice and the FBI among others.

What factors cause conflict between Congress and the president?

—differences in their constituencies —partisan party politics —different political timetables.

What is divided government and how might it create partisan gridlock?

—divided government = when the president is of one party and the house and/or Senate are of another party. —increases conflict between the president and Congress —prevents things from getting done because the president vetoes legislation set to him or cannot get Congress to take up items on his legislative agenda for consideration. —Even when the government is divided, because members of Congress represent smaller groups of constituents with their own varied needs it makes it difficult to get the 2/3 majority in both houses that is needed to override a presidential veto.

Patent

—exclusive right of an inventor to manufacture, use, and sell his or her invention for a specific period —in most cases the period = 20 years —Article I, Section 8, Clause 8 gives Congress the power to grant copyrights and patents.

Copyright

—exclusive right of authors (and composers and artists) to their writing (and music and art) —authors have the rights to copies of their works —exclusive right to publish and sell a literary, musical, or artistic work for a specified period of time —present law = lifetime of creator + 70 years (70 years after death of the creator) —Article I, Section 8, Clause 8 gives Congress the power to grant copyrights and patents.

Immunity

—freedom from prosecution for witnesses whose testimony ties them to illegal acts —Congress frequently uses this to get around the requirement to observe 5th amendment acts —witnesses granted immunity can be REQUIRED to testify and held in contempt and jailed if they refuse to do so

When is the only time that Congress can suspend the writ of Habeas Corpus?

—in cases of rebellion or invasion when public safety requires it

President Bush and the War in Iraq (WMDs)

—investigative report, which was released on July 9, 2004, identified numerous failures in the intelligence-gathering and -analysis process. The report found that these failures led to the creation of inaccurate materials that misled both government policy makers and the American public. —lies, lies, lies led us into Iraq where we still are today —numerous occasions when Bush and his advisers made statements that intelligence agencies knew to be false, both about WMDs and about Saddam Hussein's nonexistent links to al-Qaeda. —October 2002, Bush said Saddam Hussein had a "massive stockpile" of biological weapons. ——>Early 2004 = CIA Director George Tenet: CIA had informed policymakers it had "no specific information on the types or quantities of weapons agent or stockpiles at Baghdad's disposal." ——>The "massive stockpile" was just literally made up. —December 2002, Bush declared, "We do not know whether or not [Iraq] has a nuclear weapon." ——>That was not what the National Intelligence Estimate said. ——>Tenet later testified, "We said that Saddam did not have a nuclear weapon and probably would have been unable to make one until 2007 to 2009." ——>September 2002, on CNN, Condoleezza Rice claimed that aluminum tubes purchased by Iraq were "only really suited for nuclear weapons programs." = precisely the opposite of what nuclear experts at the Energy Department were saying; they argue that not only was it very possible the tubes were for nonnuclear purposes but that it was very likely they were too. —Dick Cheney many times cited a report that 9/11 conspirator Mohammed Atta had met in Prague with an Iraqi intelligence officer. ——>he kept saying it after CIA and FBI concluded that this meeting never took place.

Bill of Attainder

—law that singles out an individual or group for punishment without a trial. —(text) "law[s] that establish guilt and punish people without a trial"

Perjury

—lying under oath —Latin: per iure (through the law)

Amendment Power

—power to propose amendments to Constitution —power shared with state legislatures —Process ——>2/3 vote of both Houses of Congress to consider amendment ——>2/3 of State legislatures call convention [this has never happened, but if it did could be tricky because once in session they might try to fix more than the proposed amendment and Constitution is unclear on legality of this ——>States have approved 27 proposed amendments and ratified 21 of them ——>all except 21st amendment (1933 repeal of 18th amendment = prohibition) have been required to be ratified by state legislatures rather than conventions ——>21st was done in convention because legislatures were dominated by people wanting to keep prohibition despite public desire to repeal

Revenue Bill

—proposed law for raising money —revenue = for raising (through taxation) —revenue starts with representatives —Article I, Section 7 says they must originate in the House of Representatives —start in the House and go to the Senate —Power given to House because more populous states at Constitutional Convention wanted to have greater influence on tax policy so it was agreed that revenue bills would start there

What is the legislative veto and why was it declared unconstitutional?

—provision included by Congress into some laws that allowed it to review and cancel actions of executive agencies —one of the ways that Congress limited Executive power —pretty popular in the 1970's when Congress felt the president had gotten to powerful —declared unconstitutional by SCOTUS in 1983 (Immigration and Naturalization Service v. Chadha) —SCOTUS ruled that the legislative veto violated the separation of powers. —The legislative veto is still sort of around because Congress requires executive branch agencies to submit budget requests for approval (effectively giving Congress a veto).

What are 3 of the most common kinds of government securities?

—savings bonds —Treasury bills —Treasury notes

Congress' TAXING AND SPENDING powers

—taxation —coining money —deficit —borrowing money —debt ceiling

What happens when the debt ceiling is reached?

—the U.S. Treasury Department cannot issue any more Treasury bills, bonds or notes. —It can only pay bills as it receives tax revenues. —If the revenue isn't enough, the Treasury Secretary must choose between paying federal employee salaries, Social Security benefits or the interest on the national debt. —OR, Congress can vote to raise the debt ceiling so that it can continue to pay salaries, SS benefits, etc.

Impeachment (Removal Power)

—the formal ACCUSATION of misconduct in office —house majority votes to impeach —Senate holds the trial (presided over by Chief Justice of the United States)

Line-item veto

—the power of an executive to reject one or more items in a bill without vetoing the entire bill —constitution does not provide this for presidents (though many state governments have it)

Legislative oversight

—the power to revue executive branch activities on an ongoing basis —a power developed by Congress and expanded over the years

McCarthyism

—the practice of making accusations of subversion or treason without proper regard for evidence.

Impoundment

—the president's refusal to spend money Congress has voted to fund a program —limited by the Congressional Budget and Impoundment Control Act (1974) which: ——>established a permanent budget committee for each house ——>set up the CBO to provide financial expertise for Congress ——>limited president's ability to impound fun by requiring president to spend appropriated funds unless Congress agreed funds should be impounded

How has Congress used its taxing and spending authority to expand its legislative powers?

—when it authorizes money for state/local governments it frequently requires them to follow specific federal regulations —(example: speed limits if you want your federal highway dollars) —levying taxes to encourage/discourage certain behaviors —(example: taxes on gasoline to discourage use and encourage mass transit/carpooling) —(example: tax breaks to farmers who sell coin to produce ethanol to encourage producation) —(SIN TAXES: heavy taxes on tobacco, alcohol, and gambling to discourage those activities)

Divided Government

—when one party controls the White House and the other controls the House and Senate

Contempt

—willful obstruction of justice —to be in contempt of court/congress = to wilfully obstruct by either not appearing or refusing to behave as acted (ex: to answer a question) —persons found in contempt of Congress (or court) can be arrested and jailed even though this is not a power granted to Congress by the constitution —if you show contempt for something you show a lack of respect for it—contempt of court = willful lack of respect for court/congressional proceedings

National Budget

—yearly financial plan for the national government —responsibility for this has gradually been assumed by presidents over the last few decades —by 1970's Congress was in habit of merely reacting to budget proposals

What are the non-legislative powers of Congress?

——>Confirm or deny presidential appointments (Senate) ——>Removal (impeachment) ——>Ratification (Treaties) ——>Amendments

Powers DENIED to Congress Congress' investigative powers

——>Congress MAY NOT suspend the writ of habeas corpus EXCEPT in cases of rebellion ——>Congress MAY NOT pass bills of attainder ——>Congress MAY NOT pass ex post facto laws

What is the difference between an authorization bill and an appropriations bill?

• An authorization bill establishes a program and says how much money can be spent (says what you want to do and how much you want to spend on it) on it while an appropriations bill authorizes the spending of the money on a program (gives the money)

Expressed Powers of Congress (Article 1 of Constitution)

♣—->Money/Commerce —-—>Lay and Collect taxes to provide for the defense and general welfare of the United States (Clause 1) —-—>Establish Bankruptcy Laws (Clause 4) —-—>Coin, print, and regulate money (Clause 5) —-—>Regulate Foreign and Interstate Commerce (Clause 6) ♣—->Military/Foreign Policy Powers —-—>Declare War (Clause 11) —-—>Raise, support, and regulate an army and navy (Clauses 12, 13, 14) —-—>Provide, regulate and call into service a militia, known as the Natioal Guard (Clauses 15 and 16) —-—>Punish acts committed on international waters and against the laws of nations (Clause 10) ♣—->Social/Domestic 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. and federal property in the States (Clause 17)