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What do the words “necessary and proper” mean?. Two views on Constitutional interpretation View #1 – Strict Constructionists When interpreting, stick strictly to the words “necessary” means “absolutely necessary” Favors state power. Two views on Constitutional interpretation
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Two views on Constitutional interpretation • View #1 – Strict Constructionists • When interpreting, stick strictly to the words • “necessary” means “absolutely necessary” • Favors state power
Two views on Constitutional interpretation • View #1 – Strict Constructionists • When interpreting, stick strictly to the words • “necessary” means “absolutely necessary” • Favors state power • Favors smaller (national) government • Thomas Jefferson • George W. Bush
Two views on Constitutional interpretation • View #2 – Liberal Constructionists • When interpreting, read between the lines • “living document” interpretation • “necessary” means “convenient and useful” • Favors national power • Favors larger (national) government • Alexander Hamilton • Barack Obama
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president
How many electors does Indiana have? 9 + 2 = 11 How many electors are there altogether? 435 + 100 = 535 D.C. + 3 = 538 How many electors does it take to win? 538 / 2 = 269 + 1 = 270
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president • Confirming a Vice President
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president • Confirming a Vice President X President Vice President
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president • Confirming a Vice President X President Vice President
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president • Confirming a Vice President President Vice President
Before the 25th Amendment, what would happen if there was a vacancy in the vice presidency?
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president • Confirming a Vice President • Impeachment • House impeaches, Senate holds trial • Andrew Johnson, Bill Clinton
Non-legislative Powers • Proposing amendments • Electoral power • Select president and / or vice president • Confirming a Vice President • Impeachment • House impeaches, Senate holds trial • Andrew Johnson, Bill Clinton • Richard Nixon? • Executive • Confirm presidential appointments (Senate) • Ratify treaties (Senate)