Legislative Power Cheat Sheet (DRAFT) by kelahr

Article I, Section 8 contains 18 clauses which grant powers to Congress: law and collect taxes, provide for the defense of the country, borrow money or credit of the U.S., regulate commerce with foreign nations and among the states, regulate immigr­ation and bankru­ptcy, establish post offices and post roads, control the issuance of patents and copyri­ghts, and declare war.

Only legisl­ative acts are protected: (1) speaking and debating on the floor of the House and the Senate, (2) voting, (3) partic­ipating in committee hearings, and 94) preparing committee reports. Political acts are not immune: (1) providing services to consti­tuents, (2) helping private citizens to obtain government contracts or meet with government agencies, and (3) commun­icating directly with the public, whether by press releases, press confer­ences or speeches made outside of Congress (i.e. U.S. v. Brewster)

A congre­ssional delegation without adequate standards - one that allowed executive officials to make basic policy - would constitute a transfer of legisl­ative power to the executive branch and would be uncons­tit­uti­onal. It was not until 1935 that theCourt invali­dated a congre­ssional delega­tion. The court said that congre­ssional delegation of lawmaking power to the executive branch or admini­str­ative agencies were imperm­issible because they were unduly broad. [Panama Refining Co v. Ryan And Schechter Poultry v. U.S.]

The principal method for enforcing the congre­ssional invest­igative power is punishable by contempt.

Only 3 presidents have been subject to impeac­hment efforts - Andrew Johnson, Richard Nixon, and William Clinton. Johnson was impeached by the House but escaped conviction by the Senate by one vote. Nixon resigned before the House could vote on impeac­hment. And Clinton was impeached on 12/19/88 by the House of Repres­ent­atives but the Senate did not reach the 2/3 votes necessary to convicted (acqui­tted).

Two methods: (1) only method used - 2/3 vote in each house, (2) Consti­tut­ional convention called in response to 2/3 of the state legisl­atures (Congress acting under the necessary and proper clause).

Legisl­ative veto is a congre­ssional power to halt an executive initiative or proposal by a vote of one or both Houses or by a congre­ssional committee. It is the requir­ement that an executive decision must lie before Congress for 60 days or less before it can take effect. Congress reserved this right for itself and it is not signed by the president (the president is bypassed in this process). In 1983, the SC declared the legisl­ative veto uncons­tit­utional because it violated separation of powers.

Congress may compel­/su­bpoena witnesses and order that the witnesses answer questions. Witnesses may refuse to answer questions, citing privilege against self incrim­ina­tion, interf­erence with first amendment rights, and lack of due process safeguards in hearing proced­ures. The power to invest­igate is limited to inquires of which the particular House has jurisd­iction. Neither House may inquire into the private affairs of citizens. Congress' invest­igatory powers extend to all matters upon which Congress could choose to act.

(1) Approval by 3/4 of the state legisl­atures, (2) approval by specially called ratifying conven­tions in 3/4 of the states (used only for the 21 amendment which repealed the 18th amendment - prohib­ition). Congress uses the necessary and proper clause to determine the time limit, method, and determine when amendments have been adopted. Congress determines which method is used.

Treason, bribery, and other high crimes and misdem­eanors (a subject of great dispute) are the only impeac­hable offenses.

Each amendment must be proposed and ratified.

The Court held that the legisl­ative veto as uncons­tit­utional and found that the provision fo the Immigr­ation and Nation­ality Act allowing one House of Congress to veto executive branch decisions was a violation of the separation of powers doctrine. It violated bicame­ralism, encroached on the executive branch, and the presen­tation requir­ement.

From time to time, congress has seen fit to delegate some of its powers to the executive branch or some admini­str­ative agency. One of the first delega­tions of congre­ssional power was upheld in Brig Aurora v. U.S.- a statute author­izing the president to lift restri­ctions on trade with France and Great Britain if those nations ceased interf­ering with Am. shipping. In upholding this statute, the court recognized that the Consti­tution imposes a limitation on congre­ssional delega­tions: whatever powers are surren­dered, the determ­ination of the basic policy must remain with Congress.

Members of the executive and judicial branches can be removed from office upon impeac­hment by a majority vote in the House - a House vote to impeach is similar to a grand jury indictment - to be accused of a crime, it is not a convic­tion, but a necessary precon­dition to a trial. The actual impeac­hment trial occurs in the Senate and a 2/3 vote of those senators present is required to convict. In the case of impeac­hment of a President, the Chief Justice presides. Impeac­hment and conviction carry purely political penalties - removal from office and eligib­ility for future office.

The Consti­tution assigns to Congress the powers of impeac­hment and the proposal and ratifi­cation of consti­tut­ional amendm­ents.

Congre­ssional invest­iga­tions have been implied from the power to legislate. There is no consti­tut­ional provision expressly conferring upon Congress the power to make invest­iga­tions.

Members of Congress are protected from: (1) civil or criminal suits relating to their legisl­ative actions, (2) grand jury invest­iga­tions relating to these actions. The rationale for this clause ensures that congre­ssmen are not distracted from their duties by being calling into Court to defend their actions

Article I, Section 6, Clause 1 provides that members of Congress "...s­hall not be questioned in any other place...for any speech or debate in either House."­