Impeachment, Oversight, and Presidential Powers

Impeachment Process

Procedure for removing a federal official from office.

Conviction and Removal

Requires 2/3 Senate majority vote for removal.

Constitutional Basis

Article I, Section 3 outlines impeachment judgment limits.

Post-Conviction

May lead to disqualification from federal office.

Double Jeopardy

Criminal prosecution separate from impeachment proceedings.

Oversight Power

Congress's authority to monitor executive branch actions.

Necessary and Proper Clause

Implied power enabling Congress to conduct oversight.

Power of the Purse

Congress's financial control over executive branch operations.

Routine Oversight

Regular review by standing committees of executive actions.

Big Issue Oversight

Investigations by committees on politicized issues.

Standing Committees

Permanent committees conducting routine legislative oversight.

Ad Hoc Committees

Temporary committees for specific investigations.

Watergate Scandal

Senate investigation into presidential campaign activities.

January 6th Insurrection

House investigation into Capitol attack events.

Subpoena

Legal order compelling appearance or document provision.

Civil Subpoena

Requests appearance or documents without mandatory attendance.

Criminal Subpoena

Requires court appearance or submission of evidence.

Contempt of Congress

Obstructing Congressional action, including non-compliance.

Inherent Contempt

Congress detains individuals until compliance with subpoenas.

Civil Contempt

Court judgment sought to enforce compliance with subpoenas.

Criminal Contempt

Charges filed for obstructing Congress, leading to imprisonment.

Appointments Clause

Article II, Section 2 grants President appointment powers.

Advice and Consent

Senate's role in confirming presidential appointments.

Senate Confirmation Hearings

Review process for nominees' qualifications by Senate committees.

Recess Appointments

Temporary appointments made when Senate is not in session.

Pro-forma Sessions

Brief sessions preventing recess appointments by the Senate.

NLRB v. Noel Canning

Established pro-forma sessions count as official Senate sessions.

Partisan Influence

Political strategies affecting judicial appointments and confirmations.

Congressional Oversight Authority

Implied power essential for legislative responsibilities.

Oversight Methods

Includes hearings, communications, and agency reviews.

Committees Involved in Oversight

House and Senate committees conduct oversight activities.

Executive Privilege

Confidentiality of presidential communications and decisions.

Treaty

Legally binding agreement between sovereign states.

Negotiation

Discussion to reach an agreement on treaty terms.

Signature

Indicates intention to comply with a treaty.

Ratification

Formal approval of a treaty by domestic procedures.

Implementation

Execution of treaty terms after ratification.

Senate's Role in Treaties

Senate provides advice and consent for treaties.

Executive Agreement

International agreement made without Senate approval.

Differences between Treaties and Executive Agreements

Treaties require Senate approval; agreements do not.

Primary Authority

President leads U.S. interactions with other nations.

United States v. Curtiss-Wright

Established presidential authority in foreign affairs.

Withdrawal from a Treaty

President can terminate treaties, process varies.

Appropriations

Congress controls funding for foreign aid and military.

Commerce Regulation

Congress regulates international trade and tariffs.

Immigration Laws

Congress sets policies affecting international relations.

Declaring War

Only Congress can declare war, influencing policy.

Electoral College

System for electing the President and Vice President.

12th Amendment

Outlines process if Electoral College fails to decide.

Contingent Elections

Occurs when no majority is achieved in elections.

House Votes by States

Each state gets one vote in contingent elections.

Majority of States

26 votes needed to elect President in House.

Senate Votes

Individual Senators vote to elect the Vice President.

Built-in Tie-Breaker

Vice President casts deciding vote in Senate ties.

20th Amendment

Changed inauguration date to January 20.

Vice President's Role

Acts as President if no qualified candidate exists.

Historical Examples of Contingent Elections

1800 and 1825 elections thrown into the House.

Thomas Jefferson (1800)

Chosen after 35 ballots in contingent election.

John Quincy Adams (1824)

Elected despite losing popular vote to Jackson.

House of Representatives Role

Chooses President with one vote per state.

Senate Role

Chooses Vice President if no majority.

War Powers Act

Limits presidential military actions without Congress.

War Powers Resolution

Official name of the War Powers Act.

Notification Requirement

President must notify Congress within 48 hours.

Deployment Limit

Troops can be deployed for 60 days without approval.

Executive War Powers

President as Commander-in-Chief of the military.

Legislative War Powers

Congress holds the power to declare war.

Presidential Challenges

Presidents often bypass War Powers Act provisions.

Effectiveness Debate

War Powers Act seen as ineffective by critics.

Major Questions Doctrine

Limits administrative agencies' authority in significant matters.

Administrative Agencies

Implement and enforce federal regulations.

Article II, Section 1

Establishes executive power in the President.

Presidential Term Duration

President serves a four-year term.

Curtiss-Wright Decision

Affirms broad presidential power in foreign affairs.

Zivotofsky v. Kerry

Court ruled recognition power exclusive to President.

Treaties

Require a 2/3 Senate vote for approval.

Executive Agreements

Often do not require Senate approval.

Historical Context

Influences U.S. diplomatic relations and agreements.

Recognition Power

President's authority to recognize foreign governments.

Political Deals

Influence outcomes in contingent elections.

Collective Judgment

Ensures military actions involve both President and Congress.

Nixon's Veto

Called War Powers Act unconstitutional.

Legislative Efforts

Initiated to limit presidential war powers.

Public Opinion

Influenced by the War Powers Act's limitations.

Congressional Authorization

Essential for significant regulatory actions.

Shah Mohammad Reza Pahlavi

Iranian leader during U.S. diplomatic complexities in 1974.

Senate's Role

Critical in treaty approval, sometimes bypassed by executive agreements.

Political Climate

Influences decisions on treaties versus executive agreements.

War Powers

Congress declares war; President commands armed forces.

Justice Jackson's Opinion

Presidential powers fluctuate based on Congressional interaction.

UN Charter

Restricts force use, impacting U.S. war powers.

Quasi-War

Undeclared conflict with France raising authority questions.

Bas v. Tingy

Supreme Court upheld military action without war declaration.

Seminole War

Andrew Jackson's military actions without Congressional approval.

Mexican War

Political controversy over President Polk's unilateral actions.

Defensive vs. Offensive War

Debate on Congressional approval for different war types.

Lincoln's Actions

Expanded military powers, suspended habeas corpus during Civil War.

The Prize Cases

Supreme Court supported broad presidential powers in emergencies.

Truman's Korean War Decision

Deployed forces without Congressional approval for U.S. interests.

AUMFs

Authorizations allowing military action without formal war declaration.