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d. Collective Naturalization: Large groups given citizenship 1. Treaty (LA, FLA, AK)

d. Collective Naturalization: Large groups given citizenship 1. Treaty (LA, FLA, AK) 2. Joint Resolution (Texas) 3. Act of Congress (Hawaii, Indians) 4. Const. Amd. (14 th ). 5. Implied Powers: Not directly granted, but necessary and proper to exercise express powers.

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d. Collective Naturalization: Large groups given citizenship 1. Treaty (LA, FLA, AK)

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  1. d. Collective Naturalization: Large groups given citizenship • 1. Treaty (LA, FLA, AK) • 2. Joint Resolution (Texas) • 3. Act of Congress (Hawaii, Indians) • 4. Const. Amd. (14th)

  2. 5. Implied Powers: Not directly granted, but necessary and proper to exercise express powers. • a.Elastic Clause (A1S8Cl18) • b. Guaranteed by McCulloch v. Maryland • c. Controversial: Strict vs Loose constructionists.

  3. B. Non-legislative Powers • 1. Power to choose Pres and VP (if needed), count electoral votes. • 2. Removal Power through the impeachment process. • a. House impeaches (maj needed) • b. Senate is jury, conviction=2/3 • c. 18 fed officials have been impeached, 9 removed.

  4. 3. Confirmation Power: Sen approves all pres. Appointments • 4. Ratification Power: Sen approves all treaties • 5. Amendment Power: Proposed Amds and set procedure for ratification. • 6. Power over the courts: Create inf. cts, set jurisdiction, set SC justice #. • 7. Transition of power if Pres disabled. • 8. Approve new VP if position vacant.

  5. 9. Congress can punish its own members • a.Powell v. McCormack: Can expel, but not exclude member who is fairly elected. • b.Abscam Scandal • C. Powers denied to Congress: Art1Sec9 • 1. Can’t suspend writ of habeas corpus • 2. Can’t pass bills of attainder or ex post facto laws • 3. Can’t tax exports • 4. Can’t grant titles of nobility.

  6. Sec.2: Additional Powers • A. The Power to Investigate: Congressional committee may investigate anyone suspected of illegal or questionable activities. • 1. Occur for many reasons: • a.1950s: Communist Infiltration (McCarthyism) • b.1950s: Labor Unions and organized crime. • c.1974: Watergate/illegal campaign financing • d. 1987: Iran Contra

  7. 2. Congressional Powers to investigate vs. Witness rights: Not trials, but have several powers to collect evidence. • a. subpoena witnesses • b. Can force witnesses to testify and punish those who lie (perjury) • c. Can hold those who refuse in contempt • d. Courts ruled witnesses have same rights as in courts. • Congress’ loophole: offering immunity.

  8. B. Legislative oversight: Watchdog over executive branch. Standing committees shall review and study application, administration, execution of laws in their areas. • 1. Congress exercises oversight inconsistently • a. Size/Complexity of fed gov’t makes it difficult. • b. Not many votes to be gained unless a scandal. • c. Laws are vague. • d. Committees favor their federal agencies.

  9. 2. Oversight exercised in several ways: • a. Executive agencies submit reports on activities. • b. Support agencies study executive agencies work. • c. Congress reviews & appropriates for budget process. • d. Legislative Veto: Can review executive action, now unconstitutional.

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