Chapter 10: Congressional Powers
CLEP American Government, Chapter 10
Congressional Powers
A factory sells goods nationwide and releases pollution that crosses state boundaries. A federal agency attempts to spend money Congress never provided. The president nominates an ambassador and deploys military forces overseas. Congress may respond to each situation, but it cannot rely on one unlimited "congressional power." It must identify a constitutional source, use the proper chamber or coalition, and follow the procedure attached to that power.
Taxing and spending
Congress may tax and spend for the general welfare. Appropriations determine whether money may be drawn from the Treasury, giving Congress leverage over programs and executive action.
Regulation of interstate commerce
The Commerce Clause authorizes regulation of interstate and foreign commerce and some activities substantially connected to it. Modern doctrine is broad but not unlimited, as cases such as Lopez demonstrate.
War powers
Congress declares war, funds forces, and regulates the military, while the president commands forces. The War Powers Resolution seeks consultation and reporting, but practice remains contested and depends heavily on appropriations and political incentives.
Advice and consent
The Senate provides advice and consent on treaties and many presidential nominations. The House does not share these Article II confirmation functions.
Confirmation of appointments
The Senate confirms principal federal officers and judges nominated by the president. Confirmation checks unilateral appointment without transferring nomination power to the Senate.
Treaty ratification
The president negotiates treaties, but they require the consent of two-thirds of senators present. The House does not ratify treaties, though implementing legislation may require both chambers.
Impeachment
The House impeaches by approving charges; the Senate tries the case, and conviction requires two-thirds of senators present. Impeachment is separate from criminal prosecution.
Oversight and investigations
Congress may investigate matters connected to legislation, appropriations, and institutional responsibilities. Subpoenas and hearings support information gathering, subject to constitutional rights, privileges, and judicial enforcement questions.
Necessary and Proper Clause
As a congressional power, the Necessary and Proper Clause supports laws that carry enumerated responsibilities into execution. It supplies means, not an independent unlimited end, and therefore must connect to another constitutional power.
Congressional control of the budget
Congress establishes taxes, authorizes programs, appropriates funds, and sets budget procedures. The president proposes a budget, but executive recommendations do not replace legislative enactment.
Congressional limits on the executive
Statutes, appropriations restrictions, confirmations, oversight, impeachment, reporting requirements, and judicially enforceable law constrain executive action. Congress may not itself execute the laws or reserve removal powers that violate separated authority.
Casework and constituency service
Casework helps constituents navigate federal programs and agencies. It builds trust and electoral support but does not entitle a member to order an agency to disregard governing law.
Federal budget and appropriations process
The president submits a budget proposal, but Congress exercises the constitutional power of the purse. A budget resolution sets an internal congressional framework and does not itself become law. Authorization legislation creates or continues a program and may recommend funding; appropriations legislation provides legal authority to obligate and spend federal money. When regular appropriations are unfinished, a continuing resolution can temporarily fund operations.
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