II. Power to Impeach.

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II. Power to Impeach

A. Process of Impeachment Impeach – Formally charging a public official of a wrongdoing “Abuse or violation of a public trust” Federalist Papers #65, Alexander Hamilton Congress has the power to impeach the president, members of the Supreme Court, federal judges, and cabinet members British Example – Charges written in the House of Commons and trial is held in the House of Lords

B. What Happens House of Representatives writes up the formal charges Trial goes to the Senate Senate acts a jury and votes on whether or not they remain in office 2/3rds of the Senate must cast a guilty vote for one to be removed

Clinton Impeachment Trial

C. Famous Examples Two presidents have been impeached 1) Andrew Johnson 2) Bill Clinton Richard Nixon – Would have been impeached for his involvement in Watergate but resigned first

Andrew Johnson

The Senate Trial 11 week trial. Johnson acquitted 35 to 19 (one short of required 2/3s vote).

Bill Clinton

                                                                                                         

III. Powers Granted to Congress 1st Power Power to finance government Power to: Collect taxes Borrow Money Pay for military defense Pay the debt of the country

2nd Power Commerce Power – Power to regulate foreign and domestic trade Gibbons v. Ogden (1824) – Gave federal government complete power over all commerce New York granted Robert Livingston and Robert Fulton with a monopoly over trade in the Hudson River

Gave exclusive rights to their friend Aaron Ogden Thomas Gibbons sued because he wanted to trade along the Hudson River Supreme Court ruled in Gibbons favor because the commerce clause gave the federal government power over anything crossing state lines

3rd Power Power to defend our nation Only Congress has the power to declare war Power to maintain the military Power to draft American citizens

4th Power Providing for national growth Allows new states to enter Regulates immigration and naturalization laws

Next American State?

Elastic Clause Elastic Clause – Congress has the power “to make all laws which shall be necessary and proper” Implied Power – Congress has rights not mentioned in the Constitution that helps it fulfill its delegated powers

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