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The Constitution is unclear how the president and Congress share power.

The elastic clause gives Congress power to do whatever is “necessary and proper” to carry out its enumerated powers.

The powers of Congress have limits.

Congress may not suspend the writ of habeas corpus except in cases of rebellion.

Congress may not pass bills that establish quilt or punish people without trial.

Congress cannot criminalize an act that was legal when it was committed.

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"The power of the purse" allows Congress to influence policy because no government agency can spend money without its authorization

Congress uses a two-step process for approving expenditures.

1. passes an authorization bill that establishes a program and says how much can be spent on the program.

2. passes an appropriations bill actually approving the funds for the program.

Congress uses its taxing and spending powers to regulate the economy.

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Congress has the power to borrow money to pay for government costs

Commonly seen by authorizing the sale of government securities

When Congress borrows money, the government adds to the national debt

The Constitution gives the legislative branch the power to coin money and to regulate its value

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power to regulate foreign commerce and interstate commerce, or commerce among the states.

Supreme Court has ruled that the meaning of commerce means more than buying and selling of goods and services.

allowed Congress to set policy in many areas like broadcasting, banking and finance, and air and water pollution.

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Congress has the power to:

approve treaties

declare war

create and maintain an army and navy

make rules governing land and naval force

regulate foreign commerce

Congress generally lets the president take the lead in these areas.

Congress has declared war only five times.

Under the War Powers Act, the president must notify Congress within 48 hours of any commitment of troops abroad and must withdraw them in 60 to 90 days.

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The Constitution gives Congress power over the process by which immigrants become citizens.

Congress has the power to admit new states and govern any territories.

Congress has the power to pass laws to govern federal property.

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Congress has the power to remove any federal official from office.

The House is the chamber with power over impeachment

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The Senate must approve presidential appointments to office.

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The Senate must also ratify formal treaties with other nations.

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Congress and state legislatures share the power to propose amendments to the Constitution.

To date, all of the constitutional amendments added to the Constitution have started in Congress.

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standing committees or select committees may conduct investigations.

Congressional investigations can lead to reforms in a government program, to officials being fired, or to new laws to deal with a problem.

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congressional committees have the power to subpoena witnesses.

congressional committees can require witnesses to testify under oath

Committees may also punish those who refuse to testify or otherwise will not cooperate.

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Congress makes the laws, and the executive branch carries them out.

During this process, the executive branch interprets what the laws mean in a practical sense.

Congress can then check how the executive branch has administered the law and decide whether it met goals.

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Congress requires executive agencies to report to it.

Congress asks one of its support agencies to study an agency’s work.

Congress can then decide to expand, reduce, or eliminate certain programs in the budget after reviewing the budgets of all executive agencies.

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Presidents share their most important duties with Congress.

All the bills passed by Congress must be signed by the president.

The president plays a major role in legislation.

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The president is expected to represent all the people of the United States.

Members of Congress represent only people who live and vote in their state or local district.

Congress is more narrow minded.

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Even when congress members support the president, they may have to struggle to get presidential initiatives through Congress.

The committee system may be a weapon against the president.

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Presidents have a little more than three years to develop, present, and move their programs through Congress.

They have only eight years to accomplish their agendas.

Senators and representatives are not limited to two terms in office.

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Congress has given extra powers to the president on special occasions.

The National Emergencies Act established procedures for how and when a state of emergency exists.

Presidents must notify Congress when they intend to declare a national emergency.

Congress can also end a state of emergency by passing legislation.

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Presidents have assumed more responsibility for planning the national budget.

Congress passed the Congressional Budget and Impoundment Control Act which :

established a permanent budget committee for each house.

set up the Congressional Budget Office (CBO) to provide financial expertise for Congress

limited the president’s ability to impound funds.

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At times, Congress has wielded a legislative veto to invalidate actions by the executive branch. The legislative veto was first used in the 1930s. The president submitted a plan to reorganize the executive branch that would go into effect unless voted down by one or both houses of Congress.

In the 1970s, when members of Congress felt the executive branch had grown too powerful, they began using legislative vetoes more frequently on a wider range of issues. Presidents objected that this infringed on their constitutional authority. In 1983 the Supreme Court struck down the legislative veto as unconstitutional. Despite this ruling, Congress has continued to require executive branch agencies to submit budget requests to Senate and House committees for approval, which has the effect of giving Congress a veto.

In order to get more control over federal spending, many presidents asked Congress for a line-item veto to reject part of a bill. This is a power that many state governments have, but the Constitution only provides for presidents to veto an entire bill. In 1996 Congress passed a bill authorizing the president to veto parts of spending bills and tax breaks. Such line-item vetoes would still be subject to a two-thirds vote in both houses of Congress to override. President Bill Clinton soon began exercising this power. Supporters of the line-item veto said it would help the president curb spending. Opponents said that Congress, not the president, should control spending. In 1998 the Supreme Court ruled that the line-item veto was unconstitutional and that Congress could not, in effect, give away its constitutional powers through legislation. In the words of Justice John Paul Stevens: “If there is to be a new procedure in which the President will play a different role … such a change must come not by legislation but through the amendment procedures set forth in Article V of the Constitution.”