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of some other top member of the Presidency's "official family" is rarely rejected by the Senate, although they can be withdrawn.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