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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

THE END, FOLKS!

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:

Examples of Amendments:

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

New Amendments:

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.
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