Topic_4_Lesson_4_Notes_Completed

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Name:_________________________________ Period:_____ Date:___________ Topic 4 Lesson 4 Notes: The Necessary and Proper Clause  Implied powers are those powers that are not set out in so many words in the Constitution but are, rather, implied by (drawn from) those that are  Necessary and Proper Clause: the final clause of Article 1, Section 8 in the Constitution, which gives Congress the power to make all laws "necessary and proper" for executing its powers  Strict vs Liberal Construction o the conflict between the Federalists and the Anti-Federalists continued into the early years of the Republic. Much of that conflict centered on the powers of Congress and the meaning of the Elastic Clause o Strict Constructionists: one who argues for a narrow interpretation of the Constitution's provisions, particularly those granting powers to the Federal Government o Congress should be able to exercise (1) its expressed powers and (2) only those implied powers absolutely necessary to carry out those expressed powers o Liberal Constructionist: one who argues for a broad interpretation of the Constitution's provisions, particularly those granting powers to the Federal Government  Liberal Construction Prevails o The Supreme Court upheld the concept of implied powers in McCulloch v. Maryland in 1819. o That victory for the liberal constructionists set a pattern that, in general, has been followed ever since. o Over the years, the powers wielded by the National Government have grown o Moreover, the American people have generally agreed with a broader rather than a narrow reading of the Constitution. The Doctrine in Practice  The concept of implied powers has made it possible for the Government of the United States to meet any number of problems  Every exercise of implied powers must be based on at least one of the expressed powers  Congress has most often found a basis for the exercise of implied powers in (1) the commerce power, (2) its power to tax and spend, and (3) the war powers.  The Commerce Clause: o he power to regulate both foreign and interstate trade o The word “commerce” has been held to include the production and the buying and selling of goods as well as the transportation of people and commodities. o Congress has the authority to regulate manufacturing, wages and hours, labor- management relations, foods and drugs, air travel, and much more

Name:_________________________________ Period:_____ Date:___________  Limits on the Commerce Power o Congress cannot pass a law based solely on the grounds that a measure will somehow promote “the general Welfare of the United States.” o But it can and does levy taxes and provide for the spending of money for that purpose.  Schools  War Powers o Congress has the authority to do whatever is necessary and proper for the execution of its war power—with the exception that, in doing so, it cannot violate any other provision of the Constitution. o Among many other examples of the point, Congress has the power to provide for compulsory military service—a draft The Power to Investigate  Congress has the power to investigate—to inquire into, or inform itself on—any matter that falls within the scope of its lawmaking authority  Most often, those inquiries are held to o (1) gather information necessary to the framing of legislation o (2) oversee the operations of various agencies in the executive branch o (3) focus public attention on some particular matter o (4) expose the questionable activities of some public official or private person or group o (5) promote the particular interests of some members of Congress.  Recent Investigations o The three little-known agencies in the legislative branch which also add to that capability are: o 1. the Congressional Budget Office, which committees of both houses rely on quite heavily in taxing, spending, and other budget-related matters; o 2. the Congressional Research Service, in the Library of Congress, whose several hundred staff specialists provide members with factual information on virtually any subject; o 3. the Government Accountability Office, also called Congress’ watchdog because it has broad authority to monitor the work of the Federal Government and report its findings to Congress. Executive power  Appointments o All major appointments made by the President must be confirmed by the Senate by majority vote o Each of the President’s nominations is referred to the appropriate standing committee of the Senate.

Name:_________________________________ Period:_____ Date:___________ o That committee may then hold hearings to decide whether or not to make a favorable recommendation to the full Senate for that appointment. o When the committee’s recommendation is brought to the floor of the Senate, it may be, but seldom is, considered in executive (secret) session.  Treaties o The President makes treaties “by and with the Advice and Consent of the Senate, . . . provided two thirds of the Senators present concur.” (Article II, Section 2, Clause 2) o The Senate may accept or reject a treaty as it stands, or it may decide to offer amendments, reservations, or understandings to it. Treaties are sometimes considered in executive session. Impeachment  Impeach: to bring formal charges against a public official  Impeachment requires only a majority vote in the House; conviction requires a two-thirds vote in the Senate. The Chief Justice presides over the Senate when a President is to be tried.  Andrew Johnson o Mr. Johnson had become the nation’s 17th President when Abraham Lincoln was assassinated in April of 1865, o President Johnson tried to carry out the conciliatory Reconstruction policies favored by Abraham Lincoln o Matters came to a head when Congress passed the Tenure of Office Act, over the President’s veto, in 1867. President Johnson’s violation of that law triggered his impeachment by a House bent on political revenge.  Bill Clinton o Bill Clinton was impeached by the House in 1998. o In proceedings steeped in partisanship, the House voted two articles of impeachment against him on December 19. o Both articles arose out of the President’s admitted “inappropriate relationship” with a White House intern.  Richard Nixon o resigned the presidency in mid-1974. o President Nixon’s second term in office was cut short by the Watergate scandal o The term Watergate comes from a June 1972 attempt by Republican operatives to break into the Democratic Party’s national headquarters in the Watergate office complex in Washington, D.C. o The House Judiciary Committee voted three articles of impeachment against President Nixon in late July 1974. o He was charged with obstruction of justice, abuse of power, and failure to respond to the Judiciary Committee’s subpoenas.

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Name:_________________________________ Period:_____ Date:___________ Other Powers  Constitutional Amendments o Article V says that Congress may propose amendments to the Constitution by a two-thirds vote in each house. o Article V also provides that Congress may call a national convention of delegates from each of the States to propose an amendment—but only if requested to do so by at least two thirds (34) of the State legislatures  Electoral Duties o The House may be called on to elect a President. The 12th Amendment says that if no one receives a majority of the electoral votes for President, the House, voting by States, is to decide the issue. o The House has had to choose a President twice: Thomas Jefferson in 1801 and John Quincy Adams in 1825 o The 25th Amendment provides for the filling of a vacancy in the vice presidency. When one occurs, the President nominates a successor—a replacement, someone to fill the vacancy, subject to a majority vote in both houses of Congress.