Congress’ Non-legislative Powers
Constitutional Amendments Congress has the power to propose amendments to the Constitution by a two- thirds vote in each house Congress has the power to propose amendments to the Constitution by a two- thirds vote in each house >This has happened 33 times Congress may call a national convention at the request of two-thirds of the States’ legislatures to propose an amendment Congress may call a national convention at the request of two-thirds of the States’ legislatures to propose an amendment >This has NEVER occured
Constitutional Amendments Congress has the power to propose amendments to the Constitution by a two- thirds vote in each house Congress has the power to propose amendments to the Constitution by a two- thirds vote in each house >This has happened 33 times Congress may call a national convention at the request of two-thirds of the States’ legislatures to propose an amendment Congress may call a national convention at the request of two-thirds of the States’ legislatures to propose an amendment >This has NEVER occured
Electoral Duties The House may be called on to elect the President if no one receives a majority of electoral votes The House may be called on to elect the President if no one receives a majority of electoral votes >This has happened twice: 1801 & 1825; it is unlikely to ever happen again, due to the strength of America’s 2 main political parties AND because the electoral college has become a “rubber stamp” Under the same circumstances, the Senate may be called on to elect the Vice President Under the same circumstances, the Senate may be called on to elect the Vice President >This has only happened once: 1837
Electoral Duties The House may be called on to elect the President if no one receives a majority of electoral votes The House may be called on to elect the President if no one receives a majority of electoral votes >This has happened twice: 1801 & 1825; it is unlikely to ever happen again, due to the strength of America’s 2 main political parties AND because the electoral college has become a “rubber stamp” Under the same circumstances, the Senate may be called on to elect the Vice President Under the same circumstances, the Senate may be called on to elect the Vice President >This has only happened once: 1837
Impeachment The House has the sole power to vote articles of impeachment, or removal, of the President, Vice President, and all other civil officers of the United States The House has the sole power to vote articles of impeachment, or removal, of the President, Vice President, and all other civil officers of the United States >There have been only 17 cases of the House impeaching officials; 2 of those were Presidents: Andrew Johnson (1868) & Bill Clinton (1998) The Senate has sole power to conduct a trial of those impeached by the House The Senate has sole power to conduct a trial of those impeached by the House >Only 7 people have been found guilty & removed from office (all federal judges)
Impeachment The House has the sole power to vote articles of impeachment, or removal, of the President, Vice President, and all other civil officers of the United States The House has the sole power to vote articles of impeachment, or removal, of the President, Vice President, and all other civil officers of the United States >There have been only 17 cases of the House impeaching officials; 2 of those were Presidents: Andrew Johnson (1868) & Bill Clinton (1998) The Senate has sole power to conduct a trial of those impeached by the House The Senate has sole power to conduct a trial of those impeached by the House >Only 7 people have been found guilty & removed from office (all federal judges)
Andrew Johnson After the Civil War, the Republican party controlled both houses of Congress & President Johnson disagreed with these “Radical” Republicans about how the southern states should be treated After the Civil War, the Republican party controlled both houses of Congress & President Johnson disagreed with these “Radical” Republicans about how the southern states should be treated President Johnson wanted to welcome the southern states back into the Union, while the Radical Republicans wanted to punish them for trying to secede President Johnson wanted to welcome the southern states back into the Union, while the Radical Republicans wanted to punish them for trying to secede When President Johnson failed to enforce a law that Congress had passed, matters came to a head When President Johnson failed to enforce a law that Congress had passed, matters came to a head
Andrew Johnson After the Civil War, the Republican party controlled both houses of Congress & President Johnson disagreed with these “Radical” Republicans about how the southern states should be treated After the Civil War, the Republican party controlled both houses of Congress & President Johnson disagreed with these “Radical” Republicans about how the southern states should be treated President Johnson wanted to welcome the southern states back into the Union, while the Radical Republicans wanted to punish them for trying to secede President Johnson wanted to welcome the southern states back into the Union, while the Radical Republicans wanted to punish them for trying to secede When President Johnson failed to enforce a law that Congress had passed, matters came to a head When President Johnson failed to enforce a law that Congress had passed, matters came to a head
Andrew Johnson, cont The House voted to impeach Johnson because he failed to enforce a law passed by Congress, which was a violation of his duties as President The House voted to impeach Johnson because he failed to enforce a law passed by Congress, which was a violation of his duties as President This impeachment, however, is looked upon by most historians as political revenge, rather than a legitimate “high crime and misdemeanor” as called for by the Constitution This impeachment, however, is looked upon by most historians as political revenge, rather than a legitimate “high crime and misdemeanor” as called for by the Constitution Johnson was not removed from office, however-the Senate vote was 1 short of the required 2/3 vote needed Johnson was not removed from office, however-the Senate vote was 1 short of the required 2/3 vote needed
Andrew Johnson, cont The House voted to impeach Johnson because he failed to enforce a law passed by Congress, which was a violation of his duties as President The House voted to impeach Johnson because he failed to enforce a law passed by Congress, which was a violation of his duties as President This impeachment, however, is looked upon by most historians as political revenge, rather than a legitimate “high crime and misdemeanor” as called for by the Constitution This impeachment, however, is looked upon by most historians as political revenge, rather than a legitimate “high crime and misdemeanor” as called for by the Constitution Johnson was not removed from office, however-the Senate vote was 1 short of the required 2/3 vote needed Johnson was not removed from office, however-the Senate vote was 1 short of the required 2/3 vote needed
Bill Clinton President Clinton was impeached in 1998 by a House that was controlled by the Republican party President Clinton was impeached in 1998 by a House that was controlled by the Republican party The House voted to impeach Clinton on 2 counts: perjury and obstruction of justice (both came about when he withheld information about an affair he had with an intern) The House voted to impeach Clinton on 2 counts: perjury and obstruction of justice (both came about when he withheld information about an affair he had with an intern) Opponents of this impeachment argued that while what the President had done was wrong, they did not warrant being removed from office Opponents of this impeachment argued that while what the President had done was wrong, they did not warrant being removed from office
Bill Clinton President Clinton was impeached in 1998 by a House that was controlled by the Republican party President Clinton was impeached in 1998 by a House that was controlled by the Republican party The House voted to impeach Clinton on 2 counts: perjury and obstruction of justice (both came about when he withheld information about an affair he had with an intern) The House voted to impeach Clinton on 2 counts: perjury and obstruction of justice (both came about when he withheld information about an affair he had with an intern) Opponents of this impeachment argued that while what the President had done was wrong, they did not warrant being removed from office Opponents of this impeachment argued that while what the President had done was wrong, they did not warrant being removed from office
Bill Clinton Clinton was acquitted on all charges on February 12, 1999 Clinton was acquitted on all charges on February 12, 1999 Although the Senate was also controlled by the Republicans, only 45 voted to convict Clinton on the perjury charge, and only 50 voted to convict Clinton on the obstruction of justice charge (67 votes were needed to convict on each charge) Although the Senate was also controlled by the Republicans, only 45 voted to convict Clinton on the perjury charge, and only 50 voted to convict Clinton on the obstruction of justice charge (67 votes were needed to convict on each charge)
Bill Clinton Clinton was acquitted on all charges on February 12, 1999 Clinton was acquitted on all charges on February 12, 1999 Although the Senate was also controlled by the Republicans, only 45 voted to convict Clinton on the perjury charge, and only 50 voted to convict Clinton on the obstruction of justice charge (67 votes were needed to convict on each charge) Although the Senate was also controlled by the Republicans, only 45 voted to convict Clinton on the perjury charge, and only 50 voted to convict Clinton on the obstruction of justice charge (67 votes were needed to convict on each charge)
Executive Powers The Senate must confirm all major appointments made by the President (including Federal judges and members of the President’s Cabinet) The Senate must confirm all major appointments made by the President (including Federal judges and members of the President’s Cabinet) The Senate must confirm all treaties made by the President The Senate must confirm all treaties made by the President
Executive Powers The Senate must confirm all major appointments made by the President (including Federal judges and members of the President’s Cabinet) The Senate must confirm all major appointments made by the President (including Federal judges and members of the President’s Cabinet) The Senate must confirm all treaties made by the President The Senate must confirm all treaties made by the President
Investigatory Power Congress holds the power to investigate matters related to its legislative powers Congress holds the power to investigate matters related to its legislative powers Congress may choose to conduct an investigation for five reasons: Congress may choose to conduct an investigation for five reasons: To gather information useful to Congress To oversee operations of the executive branch To focus public attention on an issue To expose questionable activities of public officials To promote the interests of some members of Congress
Investigatory Power Congress holds the power to investigate matters related to its legislative powers Congress holds the power to investigate matters related to its legislative powers Congress may choose to conduct an investigation for five reasons: Congress may choose to conduct an investigation for five reasons: To gather information useful to Congress To oversee operations of the executive branch To focus public attention on an issue To expose questionable activities of public officials To promote the interests of some members of Congress