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MOA 24-27 Test
Terms in this set (73)
Describe the 4 basic restraints on lawmaking according to the founders:
1. The people can't delegate to the govt anything that would be unlawful to do themselves
2. Legislative authority can't be delegated
3. A law is considered null and void if it contradicts that laws of God and nature
4. Law must not destroy equality and justice
Why did the founders give the house of reps the sole authority to initiate revenue bills?
bc the house represents the people and their money
what is the president's role in the legislative process?
to review bills passed by the house and senate
Describe the options the president has when congress passes a bill and presents it to him
1. Approve and sign
2. Veto bill (only if 2/3 doesn't approve)
3. Does not sign and the bill will automatically become a law in 10 days
What do you consider to be the most important points the founders made regarding their newly invented legislative process?
the 3 branches checking each other
How is a bill initiated?
- suggestions from executive branch
- lobbying of special interests groups
- media citizens
how is a bill introduced in each house of congress?
It's put into the hopper
What happens to it before it gets a hearing before a congressional committee?
It is assigned to a committee
How may a bill be scrutinized during the hearing process?
Describe the calendaring process in the House and senate
It will be placed on either the house or senate calendar
Explain what happens to a piece of legislation when it reaches the floor of the house or senate
It is debated, amended, and voted upon
Describe where a bill goes after it passes the house in which it originated
It goes to a conference committee and is re voted by both houses
Why did the founders want to subject proposed laws to such intense scrutiny?
The founders wanted the best bills/laws
What are the 2 kinds of bills introduced into congress today? Which is outside the limits of the constitution?
Public and private
- private is outside the limits of the constitution
Where must all revenue bills originate?
What vote is needed to override a presidents veto?
How long does the president have to make a decision on a bill?
Assuming congress is in session, what happens if the president takes no action on a bill?
It automatically passes
What is a pocket veto?
A bill that the president did not take any action on
Name 2 legislative actions that are excluded from the scrutiny of the president
1. Amending the constitution
2. Suspending presidential war powers
Name the first 4 steps a bill goes through in congress
3. Assigned a #
4. Assigned a committee
What are two things that may happen to a bill doing anytime of the process?
1. Put on a calendar
Name 6 valuable lessons about taxation which the founders had learned from their own experience
1. An assessment against the states is impossible to enforce without inviting civil war
2. Distinguish direct and indirect taxes
3. Indirect taxes would be sufficent to run the country
4. They recognized that indirect taxes wouldn't be enough during war
5. If we would have to tax indirectly, it would be based on population not wealth
6. Cannot tax on goods imported from state to state
Why did the founders conclude, notwithstanding their experience with England's King George, that the national govt must have a broad power to tax?
Because the govt cannot do anything without public funding
The original constitution imposed one exception and 2 qualifications on the federal government's power to tax. What were these?
1. Congress can't tax
2. Direct tax based on state population
3. Indirect taxes (on goods) must be the same through out the country
Give some examples of how the federal government's power to tax has been used to justify its regulation of the production, packaging, and distribution of some goods.
2. Restrictions on how things are sold or transferred
The founders learned by sad experience that in order for a national govt to survive, it must be given the power to assess and collect _______
Why did the founders reject the idea of assessing the states?
It would be hard to collect taxes and would cause civil war
What is a direct tax?
Tax on your property
What is an indirect tax?
Tax on goods
What kind of revenue sources would be sufficient in peacetime according to the founders? Is this a direct or an indirect tax?
Import / export - indirect taxes
Why would this not be a practical during an emergency such as war?
Because you're not importing and exporting during war
What alternative did the founders allow for? On what basis was this to be assessed?
Direct tax - based on population
How much money do govts generally say they need?
As much as the people are willing to give them
What is the best solution to limiting big spending by the government?
Elect people to office who don't want to spend $
Why was it critical to authorize the national govt to pay its debt?
If they do not pay their debts, the nation will lose confidence in them
What was the significance of giving the fed govt the power to spend $ for the common defense of the nation?
It's the state $
According to the founders, what does the term general welfare mean?
Benefits that affect a majority of the people. - what the govt wants to spend $ on
Explain how hamilton's policies departed from the original meaning of general welfare
A grant of power
Give some examples of how the Supreme Court allowed the fed govt to exceed its spending authority before 1936
3. Building national parks in states
Describe the butler case of 1936 and how the court literally changed its interpretation of general welfare
Became whatever the govt thought they needed
Cite 2 landmark decisions by the Supreme Court that were based on the butler case
1. Social security
2. Case of Oklahoma vs civil service commission
What warning did James Madison give regarding the interpretation of the general welfare clause?
There will be no restrictions if you see that as a granted power
Give examples of attempts by government officials to restrict federal spending to the limits imposed by the constitution
They veto the bill that only benefits small groups of people that way they do not over spend
1. Monroe veto bill to repair Cumberland road
2. Jackson vetoed every public improvement project
How does the Constitution protect the people against discriminatory taxation?
Uniformly across the nation
Now: Graduated tax - people that make more money, get taxed more money
How did Thomas Jefferson feel about the constitutional provision allowing congress to create a national debt?
He did not want to borrow money
What is the 1st thing the founders mentioned should be paid with federal taxes?
How much national defense is necessary?
Enough to keep other nations from attacking us
The Supreme Court mostly held to the founders intent of general welfare until what year?
Justice Roberts in the _________ Case said the congress is not ________ in their spending authority by the constitution
Butler ; restricted
Madison predicted if the federal government ever broke out of its constraints in spending, it would take over several areas. name one.
Education (transportation or religion)
What is constitutional requirement concerning all federal taxes in the US?
How does the Supreme Court interpret "uniformity" of taxation?
As geographic uniformity (by population)
Jefferson expressed the wish that the federal government not have the power to....?
What is a better way to get emergency money quickly if needed, according to Jefferson?
Produce redeemable money (bonds)
Explain the all inclusive nature of the federal government's power to regulate commerce with foreign nations
Nation controls international and interstate trade
Why was congress given authority to regulate commerce between the states?
to prevent war
With regard to the commerce clause, explain the government's shift in emphasis from "commerce" to "regulation"
commerce = trade
regulation = rules about trade
Name several major aspects of commerce in which the fed govt has exceeded its constitutional authority to go regulate the American economy
Who controls US commerce?
FCC - federal communications commission
What are the arguments given to support the states authority to regulate their own commerce?
Production is local
What are the arguments given to justify the federal govt in regulating all aspects of American commerce?
Anything that touches the product becomes federal
Describe the loss of states' rights under the theory that gives the fed govt a dominant role in regulating commerce
Railroads and waterways that are inside their state are not in their control
What was the southern states position on federal regulation of commerce?
They would lose $
Describe 2 things the fed govt can do with regards to foreign commerce
1. Raise import / export taxes
The goal of people in giving the congress authority to regulate commerce between the states was to create a common __________
The founders intent was only to ensure a _________ ___________ of __________ between the statesm
free flow ; commerce
gradually the emphasis shifted from commerce to _______
the first industry to be regulated was the _________ by the passage of the interstate ___________ act in _________
railroads; commerce; 1886
Many new regulatory agencies of the govt were created covering all aspects of manufacturing, distribution, and sales of goods. Name 2 of these aspects
1. Distribution of goods
2. Packaging of goods
Supreme Court first defended the _________ in their fight against federal intrusion
Later the Supreme Court reversed itself and said everything from manufacturing to distribution is under _______ authority
With which group of people was congress given the right to regulate all trade or commerce
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