Ch. 11 & 14 Gov Van winkle
Terms in this set (64)
exclusive power to congress to regulate interstate and foreign trade
the exclusive, legal right of a person to reproduce, publish, and sell his or her own literary, musical, or artistic creations
tax that is first paid by one individual but then passed on to another
ex. cigarette companies taxed extra, but the price of cigarettes then go up to make the consumer pay for it
any kind of money that a creditor must, by law, accept in payment for debts
a license issued to an inventor granting the exclusive right to manufacture, use, or sell his or her invention for a limited period of time
the legal proceeding by which a bankrupt person's assets are distributed among those to whom he or she owes debts
power of a government to take private property for public use
tax that must be payed directly to the government by the person on whom it is imposed
ex. tax of land
one who argues a broad interpretation of the provisions of the Constitution, particularly those granting powers to the Federal Government
one who argues a narrow interpretation of the constitution's provisions, in particular those granting powers to the Federal Government
a person who inherits a title or office
practice of funding government by borrowing to make up the difference between government spending and revenue
necessary and proper clause
constitutional clause that gives Congress the power to make all laws "necessary and proper" for executing its powers
to bring formal charges against a public official; the house of representatives has the sole power to impeach civil officers of the United States
an order for a person to appear and produce documents or other requested materials
How have Supreme Court rulings broadened the scope of the Commerce power?
Gibbons v. Ogden - Supreme Court said federal level should monitor commerce
Court upheld implied powers in McCulloch v. Maryland, State is not able to tax a national bank
Can state constitutions decide what Congress may due?
Is their a limit to the nations debt?
There is technically no limit. But there is such thing as the fiscal cliff, the point of no return at which we will not be able to pay our debt back because it is so large
What is the purpose of the bankruptcy power?
-power given in order to establish uniform laws on the subject of Bankruptcies throughout the United States
-be able to enforce contracts
What did the ruling in Gibbons v. Ogden expand?
The commerce power
Who has the sole power to impeach the President?
The house of representatives has the power to impeach the president. The senate has the power to convict the president and oversee the trial.
Know the non-legislative powers held by Congress and which specific branch holds each.
1. Congress has power to propose Amendments
2. Electoral duties such as electing the president and vice president
4. executive powers - approving appointments and accepting treaties
5. Investigatory power
Understand the investigatory power of congress and the reasons for which it is used.
1. gather useful information
2. oversee the operations of the executive branch
3. focus public attention
4. expose the questionable activities of public officials
5. promote the particular interests of congressman
Can Congress tax imports and exports?
Congress can only tax imports
Who approves presidential treaties and appointments? How many votes are needed for each?
-appointments require just majority vote
-2/3 agreement vote for a treaty
How does taxing imports protect American business?
taxing imports raises the prices of products on the market from other countries. Raising the prices of other nation's products encourages the purchase of American made products that will be without the import tax
What are implied powers? give some examples
-Implied powers are those delegated powers of the national government that are suggested by the expressed powers set out in the Constitution; those "necessary and proper" to carry out the expressed powers
-examples include powers to: establish minimum wage, regulate banking, pass laws protecting disabled, ban discrimination in workplaces, establish the Federal Reserve System of banks, regulate and limit immigration, draft Americans into military, prohibit mail fraud and obstruction of the mails
Who proposes amendments?
-if two thirds of state legislatures demand a national convention of delegates
What is the purpose of the impeachment power?
to provide a check and balance against the executive powers of the government by the legislative
-make sure the president does not act against the will of the people and outside the boundaries of the law
What did the McCulloch v. Maryland decision contribute to implied powers?
-federal law always prevails
-this case was about establishing the second bank of the United States and whether or not the state could tax that bank
Who shares foreign relations powers with Congress?
In what areas did strict constructionists and liberal constructionists agree?*
What factors contribute to the growth of national power?
-wars, economic crises, and other emergencies
-people's demand for more services from the government
-American people agreeing on a more general interpretation of the Constitution
How does the federal government use its taxing power to reverse economic downturn?*
lowers the taxes so people will buy more and adopts a stance of deficit spending to startup programs
Which is bigger, the deficit or the public debt?
Public debt is larger
Was Chief justice John Marshall a strict or liberal constructionist?
Why don't states have the currency power?
They are not sovereign
In the area of foreign relations, how does sovereignty affect the States and the National government?
-Any federal government has foreign relations power
-states are not sovereign countries and cannot negotiate with other countries
What is the primary judicial power of congress?
-create federal courts below the supreme court and define federal crimes
Were Anti-Federalists happy with the Necessary and Proper Clause?
No, they were not. They favored a more strict and narrow interpretation of the constitution
What was given to the Supreme Court with the establishment of judicial review in 1803?
supreme court now had the power to determine the constitutionality of a law
How are presidents and vice-presidents chosen if no winner is produced in the electoral college? How many votes are needed for each?
-The house elects the president, and there must be a majority agreement in order for their to be a president
-The senate must choose a vice president, a majority of the senate is needed to elect vice president
What is senatorial courtesy?
senate will turn down a presidential appointment if it is opposed by a senator of the President's party from the state involved
release from the punishment or legal consequences of a crime, by the president or a governor
persona non grata
an unwelcome person; used to describe recalled diplomatic officials
Article II of the Constitution. Establishes the presidency and gives the executive power of the Federal government to the President
a pact made by the President directly with the head of a foreign state; a binding international agreement with the force of law but which (unlike a treaty) does not require a senate consent
a formal agreement between two or more sovereign states
the power to reduce the length of a sentence or fine for a crime
an official postponement of the execution of a sentence
a blanket pardon offered to a group of law violators
mercy or leniency granted to an offender by a chief executive
the exclusive power of a President to legally recognize (establish formal diplomatic relations with) foreign states
Did the constitution provide a limited definition of executive power? Why is that cause for debate?
-Definition of executive power is not very well defined
-this "sketchy" definition of the president has resulted in debate about whether president should be weaker and subordinate to Congress or if President should be stronger, independent, co-equal chief executive
Who shares military powers with the President?
Where does the President get the power to issue executive orders?
executive orders power comes from the Constitution and acts of Congress
/not mentioned in constitution but it is implied
/Congress has given more power to the president to spell out policies and programs it has approved
Explain Teddy Roosevelt's view of the Presidency as "stewardship."
President is steward of the people bound actively to do all that he could for the people. Calls for a stronger, more effective chief executive. President should have more power to to be able to help the people
What is the basic order of events in the appointment process?
1. The president nominates
2. Senate committee examines and hears testimony of nominee
3. Senate debates
4. Senate approves or rejects the nominee
Recess appointments - president may make an appointment if senate is out of session, that appointment expires at the end of the congressional term
What can happen, potentially, to any treaty?
-A treaty is proposed by the President, presented to the Senate to vote on, and must be approved by the Senate with 2/3 vote.
-Treaty can be repealed by Congress passing a law contrary to its provisions
-Treaty can repeal a law if passed after the law
-which ever comes latest is the standing law
Did Taft take a narrow or broad view of presidential powers?
Taft advocated for a narrow view of presidential powers
Why was the term "imperial presidency" particularly offensive to early Americans?
-Chief executive is seen as strong-willed emperor, taking various actions without consulting congress or seeking its approval
-This term is offensive because the president was not meant to be an imperialistic leader and dictator that Americans had just fought a war to oust
What are the factors we discussed which contributed to the growth of Presidential power?
-the need for a immediate and decisive action in times of crisis
-President looked to for guidance in economic and social life
-executive branch provides basic outlines of public policy as congress is constantly busy
-Powerful presidents historically whom people have favored
Could the removal power of the President be abused?
The removal power could potentially be abused because the president is able to remove anyone from office without the consent of Senate or another group of people. But now the president is only able to remove those from offices purely executive and whom the president has the ability to appoint.
What limits do the states place on the President's power to grant reprieves and pardons?
President may only grant reprieves and pardons to federal crimes and not state crimes and cases.