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Executive Power

The Senate is given two executive powers by the Constitution.

  • One deals with appointments to office.
  • The other deals with treaties made by the President.

Richard Nixon

Treaties

Appointments

  • The President can make treaties "by and with the advice & consent of the Senate.... provided two thirds of the Senators present concur" or agree.
  • The Senate is allowed to accept or reject a treaty, or they may decide to offer amendments, reservations, or understandings to it.
  • If a treaty is approved Congress still has the power to decline it.
  • Major appointments made by the President must be confirmed by the Senate by majority vote.
  • The appointment of a Cabinet officer or of some other top member of the Presidency's "official family" is rarely rejected by the Senate, although they can be withdrawn.
  • There is an unwritten rule of "senatorial courtesy".
  • The Senate will turn down an appointment if it's opposed by a senator of the President's party from the State involved.
  • President Nixon's second term of Presidency was cut short after the Watergate scandal.
  • The scandal arose in June 1972 when Republican operatives attempted to break in Democrat's party national headquarters.
  • Investigation of the scandal uncovered a long lists of illegal acts including bribery, perjury, income tax fraud, & illegal campaign contributions.

Congress is a legislative body; its primary function is to make the law. But the constitution does delegate certain powers to congress.

The Power to Investigate

  • Congress has implied powers to investigate any issue that falls within the scope of its lawmaking authority.
  • Both the House & Senate exercise that power through the standing committees and the subcommittees.

Elections

Amendments

Both houses may chose to conduct investigations for any one or number of reasons.

  • Article V says that Congress may propose amendments by 2/3 vote in each house.
  • In the past years, several state legislatures have petitioned congress for amendments for things such as the federal budget, the burning of the flag, and and outlawing abortion.

Impeachment

  • Congress may be given certain electoral duties but it is typically only in strange situations.
  • The house may be called on to appoint a new president or vice president if no one receives the majority of electoral votes
  • The house voting by states is to decided the issue.
  • Senators individually cast votes for the VP.

Most often, those investigations are held to

  • gather information necessary to the framing of legislation
  • oversee the operation of various agencies in the exec. branch
  • focus public attention on some particular matter
  • expose the questionably activities of some public official
  • promote the particular interests of some members of Congress.

The constitution requires that if a president, vice president, or any civil office of the united states may "be removed from office on impeachment for, and the conviction of, Treason, Bribery, or other high crimes & misdemeanors"

Impeached Presidents

The Process of Impeachment

Two Presidents to this day have been impeached by the House: Andrew Johnson & Bill Clinton. Although both were found not guilty.

  • The house has the power to accuse or bring charges.
  • The Senate has the sole power to judge or sit as a court, in impeachment cases.
  • Impeachment requires a majority vote in the house.
  • Conviction requires a 2/3 vote in the Senate.
  • The Chief Justice presides over the Senate when a president is to be tried.

Andrew Johnson

Bill Clinton

  • In 1856, Abraham Lincoln was assassinated and therefore Andrew Johnson the VP at the time took the position as President.
  • Johnson got caught in the middle in a series of disputes with Radical Republicans.
  • The disagreements were centered around the the treatment of the defeated Southern States in the post-war period.
  • Johnson planned to carry out the plans Lincoln had for Reconstruction policies but the Radical Republicans had a much harsher approach to the Reconstruction.
  • Reasoning for Impeachment came to arise when Tenure of Office Act was passed, over the President's veto.
  • The House voted two articles of Impeachment against Clinton.
  • He was caught having an inappropriate relationship with an intern at the White House.
  • The 1st article charged the President with perjury (Lying under Oath).
  • The 2nd article accused Clinton with obstruction of justice because he withheld information about the affair.
  • Opponents argued that facts involved in the case did not justify either crimes he was being accused of.

The Non Legislative Powers

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