4.11 Non Legislative Powers of Congress

Non-Legislative
Powers of Congress

Unit 4-11

But first.... let's review!

Multiple Choice

The line from the Constitution below gives an example of which type of power?

"The House of Representatives shall [choose] their Speaker and other Officers; and shall have the sole Power of Impeachment."

• 
  concurrent power

• 
  inherent power

• 
  enumerated power

Multiple Choice

The lines from the Constitution below have what effect?

"The Congress shall have Power . . . To coin Money . . ."

"No State shall . . . coin Money . . ."

• 
  State governments can print paper money, but they cannot make coins.

• 
  All U.S. states use the same currency.

• The federal and state governments have different powers to tax.

Lesson Overview

• Students Will Be Able To:

• Identify the roles of each chamber of Congress in
carrying out non-legislative powers

• Distinguish examples of Congress's non-legislative
powers

• Evaluate the important of Congress's non-legislative powers

• Vocabulary:

• Acquit

• Hearing

• Simple Majority

• Super Majority

Essential Question- What are Congress's non-legislative powers?

• Reminder - "Legislative" means Law Maker, so we are looking at the things that Congress
does besides making laws

• Once again, we want to think of the Powers that each branch has and what they do in the government

Looking at the
chart, what do

you notice about
the non-legislative

powers?

Confirming Appointments

• The Constitution says that the President can nominate people, but they must be confirmed by the Senate

• Examples: Supreme Court Judges, Ambassadors and members of the president's cabinet

• A committee will recommend the nominees to the full Senate who
will vote on them

• Simple Majority- or more than ½ of the Senate, at least 51 out of 100 Senators

• The Senate can hold Hearings- investigatory meetings to gain information about nominees

• Point to Ponder- Why do you think this happens?

​

Choosing the President and Vice President

• So, the winner of the Electoral College is the
considered to be the new President

• But what happens if there is not a clear winner (meaning they had the majority of the electoral college votes)?

• If no presidential candidate has a majority of the
electoral college votes the House of Representatives chooses (12th Amendment)

• Each state casts a vote and not every Representative, so there are only 50 votes

• This has only happened twice- Thomas Jefferson (TJ

as we call him) in 1801 and John Quincy Adams in
1825

Impeachment

• So, this is a formal charge that a public official has
committed misconduct of some sort

• This does not mean removal from office (it is more like
being charged with a crime)

• Congress has the power to impeach

•Ist the House of Representatives offers the "Articles of Impeachment" - the charges

•2nd the Senate is where the trail happens

• This is part of the Checks and Balances that exist in

the government

• So, no president in history has been removed from
office with an impeachment trial, some have resigned

• Former President Trump was impeached twice but

Acquitted- found not guilty, in the Senate trial

Approving Treaties

• The President (Executive) needs to have the advice and consent of the Senate when making treaties with foreign countries

• For the Treaty to be signed 2/3 of the Senate must vote for it, this is called a Super Majority- or a majority of the specified portions greater than ½

• Steps for a Treaty To Pass-

• Negotiation

• Review

• Vote

• Decision

The Senate did not
approve the Peace

Treaty that President
Wilson wanted to end

WW 1.

​

Proposing Amendments to the
Constitution

• Article V of the Constitution allows Congress to propose
amendments (Changes) to the original document.

• Both chambers (House and Senate) need a 2/3 Super Majority to Propose an amendment

• This is a legislative power check on the Judiciary Branch

• Congress used this power to change the Supreme Court
decision in the Dred Scott v. Sandford Case, which ruled
that decendants of enslaved people were not US Citizens

• Congress nullified this decision with the passage of the 14th
Amendment

This is the most recent Amendment (The

27th) passed in 1992

Essential Question- What are Congress's non-legislative powers?

 The Constitution requires the president to have the Senate’s “advice and consent” on appointments of certain officials and on treaties.

 Congress can select the president and vice president if no candidate wins a majority of electoral votes or if the vice presidency is vacant.

 The House of Representatives can impeach officials, and the Senate carries out impeachment trials.

 Congress can propose amendments to the U.S. Constitution.