Special Powers of Congress NonLegislative Powers Election Duties

Special Powers of Congress Non-Legislative Powers

Election Duties (12 th Amendment) • If no Presidential candidate receives a majority of the electoral votes needed to win the election (270 electoral votes or more) • House of Representatives (voting by state delegation) will elect the President (26 to elect) • This occurred in 1800 and 1824 • If no Vice Presidential candidate receives a majority of the electoral votes needed to win the election (270 electoral votes or more) • The Senate will elect the Vice President (each Senator having 1 vote, 51 votes needed to elect)

Ratification or Approval Power • President appoints: ambassadors, his Cabinet, federal judges, and the heads of agencies • Presidential appointments must be approved by a majority vote of the Senate • President has the power to make a treaty with a foreign country (formal contract or agreement) • Treaty must be approved by a 2/3 vote by the Senate

25 th Amendment (Ratified 1967) • Section 2: “Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress” Richard Nixon Spiro Agnew Gerald Ford Nelson Rockefeller

Impeachment Process • House of Representatives can impeach the President of other federal official by a majority vote • Senate conducts the trial, can remove from office upon conviction by a 2/3 vote • Andrew Johnson (1868) • Bill Clinton (1998/1999)

Impeachment of Bill Clinton • Bill Clinton (Impeached 1998) • House brought 2 articles of Impeachment: 1. Perjury (lying under oath): 228 to 206 vote 2. Obstruction of Justice: 221 to 212 vote • Result of affair Clinton had with a White House intern, Monica Lewinsky • Senate acquits Clinton on both charges (1999) 1. Perjury (45 to 55 vote) 2. Obstruction of Justice (50 to 50 vote)

Bill Clinton Impeachment

Amendment Process • A constitutional Amendment may be proposed by a 2/3 vote of Congress • Amendment must be ratified by ¾ of the state legislatures (38 out of 50 states) or ¾ of state conventions

Congressional Oversight • Oversight refers to congressional review of the activities of an executive department, agency or office. • The Senate exercises a special oversight function by confirming (approving) Presidential appoints of Cabinet Heads and directors of federal agencies • Methods of congressional oversight include: 1. Setting guidelines for new agencies 2. Creating, reorganizing, or abolishing an agency 3. Setting the budget for the agency 4. Conducting an investigation 5. Committee questions agency officials or director