2.1.1 The distribution of powers within Congress

Question 1

3

Describe the line of succession to the Presidency

Answer 1

• VP - 1st in line
• Speaker - 2nd in line
• President pro tempore - 3rd in line

Question 2

2

Describe the source of the implied powers of Congress

Answer 2

Derived from:

• ‘necessary and proper clause’ / ‘elastic clause’
• Commerce clause (Article I) - grants Congress regulatory power over interstate trade - expands Congress control over states

Question 3

6 + 1

List the concurrent powers of Congress

Answer 3

• Create legislation for areas of Federal Govt outlined in constitution
• Override veto
• Propose constitutional amendments
• Declare war
• Confirm VP
• Investigation

Most important powers of Congress are concurrent, esp create legislation

Question 4

4

Describe the concurrent power to confirm a VP

Answer 4

• Derived from 25th amendment
• Simple majority in both houses
• Occcurs when office becomes vacant (death of VP or elevation of VP to President)
• e.g. Ford - Nelson Rockefeller

Question 5

3

Describe the concurrent power to launch investigations

Answer 5

• Implied power
• Can launch investigation into areas where it has created legislation, may need to create legislation, or into federal programes
• Has power to subpoena witnesses - must attend hearings and give evidence

Question 6

2

Give an example of a Congressional investigation

Answer 6

• 2017, 4 Congressional committees investigated potential Russian interference in 2016 Presidential elections
• House Intellegience Committee concluded that Trump campaign did not assist Russia’s active measures campaign

Question 7

2

Describe a limit to the concurrent power to launch investigations

Answer 7

• Reports can highlight problems and make recommendations
• Implied power - so no requirement they are acted upon

Question 8

3

List the exclusive powers of the House of Representatives

Answer 8

• Power of the purse
• Bring charges of impeachment
• Choose President in event of Electoral College deadlock

Question 9

2

Who can the House bring charges of impeachment against

Answer 9

• President, VP and all civil officers
• Federal justices

Question 10

3

Describe what happens in an electoral college deadlock

Answer 10

• Failure of Presidential ticket to win majority of electoral college votes (270)
• HoR chooses President where each state given single vote regardless of size - greater chance of Republican President
• Senate chooses VP by simple majority

Question 11

2

Describe the regularity of electoral college deadlocks

Answer 11

• Occurred only twice (1800 and 1824)
• Last occurred in 1824 - Adams received less electoral college votes than Jackson, yet selected as President by House

Question 12

4

List the exclusive powers of the Senate

Answer 12

• ratify treaties
• confirm appointments
• try cases of impeachment
• Choose VP in event of electoral college deadlock

Question 13

2

Give an example of the Senate rejecting a treaty

Answer 13

• 2012, Senate rejected UN Convention on the Rights of persons with Disabilities
• Republicans expressed concern extra government regulation is might entail

Question 14

3

Describe the 2019 impeachment of Trump

Answer 14

• Accussed of threatening to withold aid from Ukraine unless Zelensky launched investigation into Joe Biden and son
• 2 charges of impeachment passed House - abuse of power + obstruction of Congress
• Majority of Senate votes not guility (unlike 2021 impeachment)