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6.Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings? (Yes) Senate tries impeachments (acts as a jury) House of Reps. introduces the Articles of Impeachment House needs a majority (218) vote to bring up charges Senate needs 2/3s majority (67) to convict
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7.Clause Seven—What happens if someone is impeached? A guilty conviction on the Articles of Impeachment is removal from office A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate (part of the checks and balance system)
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Section Four - When Does Congress Meet in Washington, D.C.? 1. Clause one - When are the national elections held? At one time federal elections were not uniform. Some states held them on different days and months. National Election Day was set by Congress (1 st Tuesday after the first Monday of November)
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Sec 4, Clause Two - So When does Congress Meet? Must meet one time a year (Not originally viewed as a full time job – now it is) 1933—20 th Amendment established January 3 rd as the meeting date (a two year working period)
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Section Five—Rules of Procedures 1. Clause One - Can an elected official be removed from office? (Yes, each body can determine “worthiness” of members) Each House determines the qualifications of their members – DON’T WRITE THE EXAMPLES! Brigham Roberts—1901, polygamist from Utah, The Senate refused to seat him Victor Berger—1919, Socialist from Wisconsin, The House refused to seat him Adam Powell—1967, African-American who allegedly misappropriated federal funds The House refused to seat him Powell v McCormack(1969) - SupCt allowed Powell his seat in the House of Representatives
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2.Clause Two—Does the House and the Senate following the same proceedings and rules? (No) House of Reps and the Senate have different rules Filibuster—Delaying a bill through the use of discussion Senate has Filibusters, House limits debate (5 min.) Strom Thurmond—longest filibuster, 24 hrs 18 min Cloture —rule in the Senate that will end a filibuster if 60 Senators agree to vote for the closing of debate Censure—punishing a member of Congress, take away some of their power or seniority – A formal statement, but only a slap on the wrist.
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4.Clause Four - Can the House and the Senate adjourn at different times? Adjourn—to stop meeting Consent—Need consent of the other house if you are going to adjourn for more than three days (law making process would stop if only one house adjourns, usually joint adjournment)
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Section 6 Privileges &Restrictions 1. Clause One - What is the salary and benefits for a member of Congress? Compensation—members of Congress will be paid ($174,000 per year) Leaders - SOH 223,500 and Maj/Min Ldrs 193,400 Congressional immunity-can’t be arrested for minor crimes when traveling to or from Congress (breach of peace, treason, felony, are not exempt from this immunity) Slander—saying something that is not true, they can do this in the House and Senate (done so that speech is not limited or censored) Franking—free mail service
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Other Privileges Salary Travel expense account Office in D.C. and their state Special allowance for stationary, phone calls, faxes Pension Some tax exemptions 15% of salary for speaking engagements Unlimited income from book royalties
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2.Clause Two - Can a member of Congress also be a federal judge? (No) Separation of Powers—can’t hold two offices at once from different branches of government
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Section 7 Method of Passing Bills 1. Clause One - Where do tax bills start? All tax bills start in the House.
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2.Clause Two - How does a bill become a law? Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview: First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law
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Pocket Veto - What if Congress adjourns and a bill has not been signed by the President? Passes one house by majority vote, passes second house by majority vote, goes to president, delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW 3.Clause Three - Can the Congress express their opinion without creating a formal law? (Yes) Resolution—a formal expression of opinion or will Simple resolution—deals with the matters of one house Concurrent—deals with both houses Joint—deals with both houses and goes to the president for approval
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Section Eight Powers Delegated to Congress Think of the problems that existed under The Articles of Confederation. Items with an * are important/big powers 1. Clause One - Why can Congress collect taxes? Congress can collect taxes for three purposes: Pay off debts Pay off debts Provide defense Provide defense Provide for the common welfare Provide for the common welfare
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2.*Clause Two - Can Congress Borrow Money? They can borrow money on the credit of the United States (selling bonds is one example) Debt—Total amount of money that the government owes ( currently over $13 trillion) Deficit—Yearly amount of money that the government owes ($1.3 trillion) 3.*Clause Three - Can Congress regulate trade? Interstate—Trade between two or more states Intrastate—Trade within a state Congress can only regulate interstate trade
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4.Clause Four—Naturalization and Bankruptcy Congress has the power to determine immigration regulations. Bankruptcy—courts declare bankruptcy
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5.*Clause Five – The power to coin money and regulate its value. Congress will make money Congress will set up our weights and measures 1831—English system (foot-pound-mile) 1866—if states wanted to, they could go on the metric system We are the only large country not on the metric system 6.Clause Six - Congress will punish counterfeiters Economic protection
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7.Clause Seven - Mail Service Federal government will establish a mail service – not a major element of government, but needed to communicate in a nation 8.Clause Eight Congress promotes inventions Copyrights—Secures rights of ownership for the life of the owner (publications and literature) Patents—Secures the rights of inventors generally for 20 years
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9.*Clause Nine Congress establishes and abolishes lower federal courts – only court mentioned in Const. is Supreme Court 10.Clause Ten Congress can punish for crimes committed on the water 11.*Clause Eleven Only Congress can declare war—power to many people as opposed to one 12-16 All address the power over the military – rules, funding,etc
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17.Clause Seventeen—Who controls the District of Columbia? Washington, in the District of Columbia, is a federal city under the control of Congress Since 1973, people of the city elect their own officials 18.*Clause Eighteen—Necessary and Proper Clause Congress has the power to establish any rules they deem necessary and proper Elastic Clause—expands the powers of Congress
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