6.Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings?...
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Transcript of 6.Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings?...
6. Trial of Impeachments - Does the Senate actually serve as the Jury in impeachment proceedings? (Yes)
Senate tries impeachments (acts as a jury)
House of Reps. introduces the Articles of Impeachment
House needs a majority (218) vote to bring up charges
Senate needs 2/3s majority (67) to convict
7. Clause Seven—What happens if someone is impeached?
A guilty conviction on the Articles of Impeachment is removal from office
A U.S. President cannot be pardoned if found guilty by 2/3s of the Senate (part of the checks and balance system)
Section Four - When Section Four - When Does Congress Meet in Does Congress Meet in Washington, D.C.?Washington, D.C.?
1.1. Clause one - When are the Clause one - When are the national elections held?national elections held?
At one time federal elections At one time federal elections were not uniform. Some were not uniform. Some states held them on different states held them on different days and months. days and months.
National Election Day was National Election Day was set by Congress (1set by Congress (1stst Tuesday Tuesday after the first Monday of after the first Monday of November)November)
Sec 4, Clause Two - So When does Congress Meet?
Must meet one time a year (Not originally viewed as a full time job – now it is)
1933—20th Amendment established January 3rd as the meeting date (a two year working period)
Section Five—Rules of Section Five—Rules of ProceduresProcedures
1.1. Clause One - Can an elected official be Clause One - Can an elected official be removed from office? (Yes, each body can removed from office? (Yes, each body can determine “worthiness” of members)determine “worthiness” of members)
Each House determines the qualifications Each House determines the qualifications of their members – DON’T WRITE THE of their members – DON’T WRITE THE EXAMPLES!EXAMPLES!
Brigham Roberts—1901, polygamist from Brigham Roberts—1901, polygamist from Utah, The Senate refused to seat himUtah, The Senate refused to seat him
Victor Berger—1919, Socialist from Victor Berger—1919, Socialist from Wisconsin, The House refused to seat himWisconsin, The House refused to seat him
Adam Powell—1967, African-American Adam Powell—1967, African-American who allegedly misappropriated federal who allegedly misappropriated federal funds The House refused to seat funds The House refused to seat himhimPowell v McCormack(1969) - SupCt Powell v McCormack(1969) - SupCt allowed Powell his seat in the House of allowed Powell his seat in the House of RepresentativesRepresentatives
2. Clause Two—Does the House and the Senate following the same proceedings and rules? (No)
House of Reps and the Senate have different rules
Filibuster—Delaying a bill through the use of discussion
Senate has Filibusters, House limits debate (5 min.)
Strom Thurmond—longest filibuster, 24 hrs 18 min
Cloture —rule in the Senate that will end a filibuster if 60 Senators agree to vote for the closing of debate
Censure—punishing a member of Congress, take away some of their power or seniority – A formal statement, but only a slap on the wrist.
4. Clause Four - Can the House and the Senate adjourn at different times?
Adjourn—to stop meeting
Consent—Need consent of the other house if you are going to adjourn for more than three days (law making process would stop if only one house adjourns, usually joint adjournment)
Section 6 Privileges Section 6 Privileges &Restrictions&Restrictions1.1. Clause One - What is the salary and Clause One - What is the salary and
benefits for a member of Congress?benefits for a member of Congress? Compensation—members of Congress will Compensation—members of Congress will
be paid ($174,000 per year) Leaders - SOH be paid ($174,000 per year) Leaders - SOH 223,500 and Maj/Min Ldrs 193,400223,500 and Maj/Min Ldrs 193,400
Congressional immunity-can’t be arrested Congressional immunity-can’t be arrested for minor crimes when traveling to or from for minor crimes when traveling to or from Congress (breach of peace, treason, felony, Congress (breach of peace, treason, felony, are not exempt from this immunity)are not exempt from this immunity)
Slander—saying something that is not true, Slander—saying something that is not true, they can do this in the House and Senate they can do this in the House and Senate (done so that speech is not limited or (done so that speech is not limited or censored)censored)
Franking—free mail serviceFranking—free mail service
Other Privileges
Salary
Travel expense account
Office in D.C. and their state
Special allowance for stationary, phone calls, faxes
Pension
Some tax exemptions
15% of salary for speaking engagements
Unlimited income from book royalties
2. Clause Two - Can a member of Congress also be a federal judge? (No)
Separation of Powers—can’t hold two offices at once from different branches of government
Section 7Section 7Method of Passing BillsMethod of Passing Bills
1.1. Clause One - Where do tax bills Clause One - Where do tax bills start? start?
All tax bills start in the House.All tax bills start in the House.
2. Clause Two - How does a bill become a law?
Procedures vary slightly in each house and all bills must go through committee work before they get to the floor. Here is a simple overview:
First method—passes one house by majority vote, passes second house by majority vote, goes to president, president signs it into law
Second method—passes one house by majority vote, passes second house by majority vote, goes to president, president vetoes, goes back to house it originated in and must pass by 2/3 vote, then goes to next house and must pass by 2/3 vote to become a law
Third method-- passes one house by majority vote, passes second house by majority vote, goes to president, president delays action for ten days excluding Sundays, becomes law
Pocket Veto - What if Congress adjourns and a bill has not been signed by the President?
Passes one house by majority vote, passes second house by majority vote, goes to president, delays action for ten days excluding Sundays, within that time Congress adjourns, BILL DOES NOT BECOME A LAW
3. Clause Three - Can the Congress express their opinion without creating a formal law? (Yes)
Resolution—a formal expression of opinion or will
Simple resolution—deals with the matters of one house
Concurrent—deals with both houses Joint—deals with both houses and goes to the president for approval
Section EightSection EightPowers Delegated to Powers Delegated to CongressCongress
Think of the problems that existed under The Think of the problems that existed under The Articles of Confederation. Items with an * Articles of Confederation. Items with an * are important/big powersare important/big powers
1.1. Clause One - Why can Congress collect Clause One - Why can Congress collect taxes?taxes?
Congress can collect taxes for three Congress can collect taxes for three purposes:purposes:
Pay off debtsPay off debts Provide defenseProvide defense Provide for the common welfareProvide for the common welfare
2. *Clause Two - Can Congress Borrow Money?
They can borrow money on the credit of the United States (selling bonds is one example)
Debt—Total amount of money that the government owes ( currently over $13 trillion)
Deficit—Yearly amount of money that the government owes ($1.3 trillion)
3. *Clause Three - Can Congress regulate trade?
Interstate—Trade between two or more states
Intrastate—Trade within a state
Congress can only regulate interstate trade
4. Clause Four—Naturalization and Bankruptcy
Congress has the power to determine immigration regulations.
Bankruptcy—courts declare bankruptcy
5. *Clause Five – The power to coin money and regulate its value.
Congress will make money
Congress will set up our weights and measures
1831—English system (foot-pound-mile)
1866—if states wanted to, they could go on the metric system
We are the only large country not on the metric system6. Clause Six -
Congress will punish counterfeiters
Economic protection
7. Clause Seven - Mail Service
Federal government will establish a mail service – not a major element of government, but needed to communicate in a nation
8. Clause Eight
Congress promotes inventions
Copyrights—Secures rights of ownership for the life of the owner (publications and literature)
Patents—Secures the rights of inventors generally for 20 years
9. *Clause Nine
Congress establishes and abolishes lower federal courts – only court mentioned in Const. is Supreme Court
10. Clause Ten
Congress can punish for crimes committed on the water
11. *Clause Eleven
Only Congress can declare war—power to many people as opposed to one
12-16 All address the power over the military – rules, funding,etc
17. Clause Seventeen—Who controls the District of Columbia?
Washington, in the District of Columbia, is a federal city under the control of Congress
Since 1973, people of the city elect their own officials
18. *Clause Eighteen—Necessary and Proper Clause
Congress has the power to establish any rules they deem necessary and proper
Elastic Clause—expands the powers of Congress