Congresss Nonlegislative Powers CHAPTER 11 SECTION 4 Nonlegislative

Nonlegislative Powers Executive Powers Electoral Duties Impeachment Power Constitutional Amendment Power STARTER: Choose the

Objective �Students will be able to: 1) Describe the power of impeachment; and 2)

Group Work �What nonlegislative powers does the Constitution delegate to Congress? �Complete the graphic

Constitutional Amendments �Article V states that Congress may propose amendments to the Constitution by

Electoral Duties �Congress has a very rare electoral duty under the 12 th Amendment.

Electoral Duties �If the office of VP becomes vacant, the President will nominate a

Impeachment �What does the term impeach mean?

Impeachment �The President, Vice-President, and all civil officers of the U. S. are subject

Impeachment �**The House has the sole power to impeach (to accuse or charge with

Impeachment �How many Presidents have been impeached by the House? �Has the Senate ever

Bill Clinton �Bill Clinton was impeached on two counts which arose out of the

Video �Bill Clinton Impeachment Response �Alexander Hamilton expressed a concern that members of Congress

Other Powers �Executive Powers: Appointments: the Senate confirms (approves) all major Presidential appointments/nominations with

Question �Do you think the President has (or should have) the power to break

Other Powers �Investigative Powers: **Congress has the implied authority to investigate any matter that

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Congress’s Nonlegislative Powers CHAPTER 11 SECTION 4

Nonlegislative Powers Executive Powers Electoral Duties Impeachment Power Constitutional Amendment Power STARTER: Choose the category from the left that describes the power illustrated in each headline below: �“Congress proposes flag-burning amendment” �“No winner in president race, House must choose” �“House votes to impeach President Clinton” �“Senate rejects President’s pick for attorney general”

Objective �Students will be able to: 1) Describe the power of impeachment; and 2) Identify and understand Congress’s other nonlegislative duties. The last three sections of this chapter have dealt with Congress’s legislative powers, both expressed and implied powers. We are now moving to the final section dealing with Congress’s nonlegislative powers.

Group Work �What nonlegislative powers does the Constitution delegate to Congress? �Complete the graphic organizer/concept web on page 318.

Constitutional Amendments �Article V states that Congress may propose amendments to the Constitution by a 2/3 vote in each house. All 27 amendments have been proposed in this manner. {Note: Congress may call a national convention of delegates from each of the States to propose an amendment, but only if requested to do so by at least 2/3 (34) of the States legislatures. <- never been done}

Electoral Duties �Congress has a very rare electoral duty under the 12 th Amendment. It must choose a President or Vice. President if no candidate wins a majority of the electoral votes (i. e. , 270 votes). �The House will choose the President from the top three candidates with the highest electoral votes, with each state’s House delegation having one vote; �The Senate will choose the Vice-President.

Electoral Duties �If the office of VP becomes vacant, the President will nominate a successor, a replacement, subject to a majority vote in both houses.

Impeachment �What does the term impeach mean?

Impeachment �The President, Vice-President, and all civil officers of the U. S. are subject to impeachment for treason, bribery, or other high crimes and misdemeanors. �Note: military officers and members of Congress are not considered civil officers.

Impeachment �**The House has the sole power to impeach (to accuse or charge with a crime). It only requires a majority vote**; �**The Senate has the sole power to try, or judge, the impeachment case. Need 2/3 vote to convict** �What is the penalty for a civil officer who is impeached and convicted?

Impeachment �How many Presidents have been impeached by the House? �Has the Senate ever convicted a President after an impeachment trial?

Bill Clinton �Bill Clinton was impeached on two counts which arose out of the President’s inappropriate relationship with a White House intern. The first article of impeachment charged him with perjury (lying under oath); the second article accused him of obstruction of justice b/c he withheld information about his affair with the intern. �Do the acts of lying under oath and withholding evidence constitute “high crimes and misdemeanors”?

Video �Bill Clinton Impeachment Response �Alexander Hamilton expressed a concern that members of Congress would let partisanship cloud their judgment during impeachment. Does VP Al Gore express the same concern?

Other Powers �Executive Powers: Appointments: the Senate confirms (approves) all major Presidential appointments/nominations with a majority vote. Treaties: the Senate, by a 2/3 vote, consents to all treaties made by the President. Treaties cannot be ratified nor bind the U. S. unless the Senate consents (e. g. , Treaty of Versailles)

Question �Do you think the President has (or should have) the power to break a treaty without the approval of Congress?

Other Powers �Investigative Powers: **Congress has the implied authority to investigate any matter that falls within the scope of its lawmaking authority. ** This is Congress’ oversight function. They can hold hearings and issue subpoenas (a legal order directing one to appear before a certain body and/or produce certain evidence).

Cartoon Questions

House v. Senate

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