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The Non Legislative Powers
Chapter 11 Section 4
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Key Terms Successor Impeach Acquit Perjury Censure Subpoena
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Constitutional amendments
Article V says that Congress may propose amendments Need 2/3’s of each house Congress can also a national convention, but only if requested by 34 or 2/3’s of the states
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Electoral Duties House can be called to elect a President
12th amendment states if no one receives a majority of electoral votes, the House voting by state can settle the issue Each state casts one ballot
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Electoral Duties Senate must choose a Vice president if no candidate wins a majority of electoral votes Vote by individual Senators
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Electoral Duties House has chosen a President twice
Thomas Jefferson 1801 John Quincy Adams 1825 Vice President only once Richard M. Johnson in 1837
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Electoral Duties 25th Amendment provides for filling the vacancy of vice presidency Successor-a replacement, someone to fill a vacancy President nominates and the Houses hold a vote (need a majority)
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Electoral Duties The process was used twice
Gerald Ford was confirmed 1973 Nelson Rockefeller 1974
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Impeachment Constitution provides that all civil officers of the United States “Be removed from Office on Impeachment for, conviction of, Treason, Bribery, or other High Crimes and Misdemeanors Politics has been the root of most impeachments
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Impeachment House has the sole power to impeach
Impeach- to accuse, bring charges. Senate has the sole power to try-to judge, to sit as a court in impeachment cases
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Impeachment Requires only a majority of the House
Conviction requires 2/3’s of the Senate The Chief Justice presides over the Senate when the president is tried
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Impeachment Penalty is the removal from office
Senate can also prohibit a convicted person from ever holding office. The person can then be tried in the criminal courts
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Impeachments There have been 17 Seven convictions
All seven persons removed were federal judges Two presidents impeached Andrew Johnson 1868 Bill Clinton 1991 Both aquitted
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Andrew Johnson Removal grew out of turmoil from the Civil War
Johnsons became then17th President following Lincoln’s assassination Became enmeshed in a series of disputes
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Andrew Johnson Radical Republicans controlled both Houses
President Johnson was conciliatory to the South as Lincoln wished Republicans wanted a harsher approach to Reconstruction Senate fell one vote short
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Impeachment Bill Clinton
Impeachment came out of an inappropriate relationship First article charge perjury-lying under oath Members of the House supported it. Senate never convicted him
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Impeachment Richard Nixon resigned from office
House voted on articles of impeachment Subpoenas-a legal order directing one to appear and produce evidence Nixon ignored the subpoenas
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House would impeach and the Senate would convict Nixon
Nixon resigned August 9, 1974 Several Cabinet members and presidential assistants were convicted of felonies
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Executive Powers All major appointments are made by the President
Confirmed by the Senate and brought up for a vote Cabinet members are rarely rejected Senate has only rejected 12 of 600
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Executive Powers Treaties
Made by the President with the advice of the Senate 2/3’s of Senate must concur President consults with the Senate Foreign Relations Committee
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Treaties Senate may Accept or reject
Treaties sometime considered in Executive session House hold the purse strings and is sometimes consulted
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Power to Investigate Congress can investigate anything under its jurisdiction House and Senate do this with standing committees
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Power to Investigate Inquiries are held
1. gather information for legislation 2. oversee operations of various agencies 3. focus public attention on a particular matter 4. expose questionable activities 5. promote interests of a member of Congress
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Power to Investigate Three little known agencies in Congress
1. Congressional Budget Office- committee of both houses taxing, spending, budget related matters 2. Congressional Research Service in the Library of Congress-hundreds of employees provide information on any subject 3. Government Accountability Office-called Congress’s watchdog, monitors government work
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