Warm Up: Congress and Changes in Society and Technology Congress applies the expressed powers granted to it in the Constitution to numerous implied powers, thus expanding what it is able to do. These implied powers have allowed the government to adapt to changes in society and technology in ways that the Framers could not have anticipated. Think of an example of a change in society or technology that the Framers could not have imagined. What is a law relating to this example that Congress might need to pass? What kind of powers would Congress need to pass this law?

Monday, March 25, 2019 Objective: Students will be able to analyze the implied powers of Congress. Purpose: Congress needs to have specific powers in order to carry out its duties assigned by the Constitution.

Modern lawmakers must try to interpret the Framers' intent in light of modern circumstances. Without its implied powers, how effectively could Congress address new situations?

Implied Powers Implied powers come from one of the expressed powers Necessary and Proper Clause: allows Congress to choose the means “for carrying into Execution” the many powers given to it by the Constitution the Constitution’s words “necessary and proper” really mean “convenient and useful” in today’s political context

Views on the Constitution Strict Constructivism argument for a narrow interpretation of the Constitution's provisions, particularly those granting powers to the Federal Government the States should keep as much power as possible Loose Constructivism argument for a broad interpretation of the Constitution's provisions, particularly those granting powers to the Federal Government

Strict constructionists battled with liberal constructionists over congressional powers. How would each want Congress to address new situations not originally anticipated?

The Power to Investigate (Oversight) gather information necessary to the framing of legislation oversee the operations of various agencies in the executive branch focus public attention on some particular matter expose the questionable activities of some public official or private person or group Example: Hillary Clinton and Benghazi, McCarthy hearings in the 1950s Congress is more likely to use its oversight function when one or both of its chambers is controlled by the party that does not hold the presidency

Secretary of State Clinton testifies at a hearing on the 2012 attack on the U.S. embassy in Libya. Cabinet members must answer questions when called before Congress.

Checks on Executive Power Senate confirms all executive branch appointments Senate approves treaties by a 2/3s vote House may be called to elect the President, if no candidate wins a majority of the electoral votes Oversight

Impeachment the President, Vice President, and all civil officers of the United States may “be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” the House has the power to impeach (to bring formal charges against a public official) a majority vote is needed to impeach an official the Senate holds the trial of the impeached official a 2/3s vote is needed to convict and remove an official

Closing: Impeachment the President, Vice President, and all civil officers of the United States may “be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” What are the problems with the way the statement above is written? What changes would you make to solve these problems? Explain.

Even though it has not occurred often, Congress has rejected several presidential cabinet nominees. How does the political climate play a role in the reason for rejection?

Congressional powers related to treaties are part of the checks and balances built into our political system. Why is it important for Congress to have these powers?

Congress has impeached and removed eight judges from the bench since 1804. Why does Congress need this impeachment power over judges?

This chronology shows the steps of the impeachment of President Bill Clinton. Why might the attempt to remove President Clinton have failed?

Closing: Strict vs. Liberal Constructivism Discuss the arguments of the strict constructionists versus the liberal constructionists. Describe how they differ in their attitude toward congressional power. Based on your understanding of congressional powers, do you think you are more of a strict constructionist or a liberal constructionist? Explain.

One presidential candidate must receive the majority of the electoral college votes. What is an example of a situation that might prevent any candidate from winning a majority?

Congress' electoral duties include selecting a successor if the vice presidency becomes vacant. Why is it important that Congress is involved in filling such a vacancy?

Clinton Impeachment Videos Bernie Sanders: https://www.youtube.com/watch?v=CQqKUFw_6gg CNN coverage in 2009: https://www.youtube.com/watch?v=4GgPo2cHFq0 Daily Show: http://www.cc.com/video-clips/62uxch/the-daily-show- with-jon-stewart-from-my-perspective---impeachment