Non-Legislative Powers of Congress
Electoral Duties:
The Power to Investigate
- The House may be called upon to elect a president
- The 12th Amendment states that if no one receives a majority of the electoral votes, the House, voting by states is to decide the issue
- It must choose from among the three highest contenders in the electoral college balloting
- Each state has one vote to cast
- The Senate must choose a vice president if no candidate wins a majority of the electoral votes
Some Examples:
- The House had to choose the president twice: Thomas Jefferson in 1801 and John Quincy Adams in 1825
- The Senate had to pick a vice president only once: Richard M. Johnson in 1837
- The 25th Amendment provides the filling of a vacancy in the vice presidency
- The president nominates a replacement when this occurs
This process has also been used twice: Gerald Ford in 1973 and Nelson Rockefeller in 1974
Reasons to Investigate:
- Gather information necessary to the framing of legislation
- Oversee the operations of various agencies in the executive branch
- Focus public attention on a particular matter
- Expose the questionable activities of some public official or private person or group
- Promote the particular interests of some members of congress
Finally
Examples of such procedures are:
Congressional Budget Office:
Committees on both houses of Congress heavily rely on this office for taxing, spending, and other budget related matters.
- Super Majorities
- Direct approval by the electorate in a referendum-
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a constitutional amendment.
Congressional Research Service:
Is in the Library of Congress and employs several hundred staff specialists which provide members with factual information on virtually any subject.
- The congressional Apportionment Amendment is the apportionment of U.S. Reps.
- Corwin Amendment - preservation of slavery
- Child Labor Amendment - congressional power to regulate child labor
Government Accountability Office:
Also known as "Congress' watch dog" because it has broad authority to monitor the work of the Federal government and report its' findings to Congress
- Prohibiting flag burning
- Permit prayer in pubic schools
- Outlaw abortions
- Impose term limits on members of Congress
- Prohibit same-sex marriage
Constitutional Amendments
- A constitutional amendment is a change to the constitution of a nation or state
- Article V says that Congress may propose amendments by a 2/3 vote in each house - Has occurred 33 times, but ratified only 27
- Congress can a call a national convention of delegates from each of the states to propose an amendment - but only if requested to do so by 2/3 of state legislature
- The amendments are supposed to fix problems or make things better in the constitution
- Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation.