48 terms

Magruder's American Government Chapter 11: Powers of Congress

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What is an expressed power?
granted to Congress clearly in the Constitution
What is an implied power?
a power that is not directly stated in the constitution but is implied.
What is inherent power?
power anything that deals with foreign policy that isn't specifically mentioned in the constitution (president)
Who led the Strict Constructionists?
Thomas Jefferson
What do the strict constructionists believe?
1.Congress should only be able to use its expressed powers
2. use implied powers only if its absolutely necessary to carry out the expressed powers
Who led the Liberal Constructionists?
Alexander Hamilton
What do liberal constructionists believe?
Congressional Power should be expanded using the implied and inherent powers of Congress stated in the Constitution "Elastic Clause"
What is tax?
a charge by the gov on people or property to meet public need
What are direct taxes?
Taxes that are paid by people directly from their income, this is the standard tax.
What are indirect taxes?
Taxes not applied directly to income. Sales tax, value added tax
What are the limits on taxes?
1. cant violate other parts of the Constitution
2. no telling for private benefit
3. no taxing exports
4. taxes among states based on population
5. Taxes at the same rate nationwide
Can Congress borrow money to pay for items not covered by taxes?
Yes
Is there a limit on how much they can borrow?
no
What is deficit financing?
The federal government spends more money than it takes in each year and then borrows to make up the difference
What is public debt?
money borrowed by the government over the years that has no been repaid
What is commerce power?
the power of Congress to regulate interstate and foreign trade
What court case establishes Commerce Power?
Gibbons v Ogden (1824)
How is the power for commerce limited?
It is limited by other parts of the Constitution
What are 4 limits to the Commerce Power?
1. no taxing exports
2. no favoring one state
3. no limit of interstate travel
4. Slave Trade Compromise
What does Gibbons V Ogden show?
Regulating interstate commerce is a power reserved to the federal government
What does bankrupt mean?
unable to pay dept in full
What are the bankruptcy proceedings?
distributing assets to those who one owes
What is legal tender?
any kind of money that must be accepted as payment for a debt
What does the Currency Power enable Congress to do?
make money and establish financial system
What are the two sources of foreign relations powers?
Expressed: War powers and foreign commerce
Inherent: U.S. is a sovereign nation
Who does Congress share war powers with?
The President
What are Congress' war powers?
-Declare War
-Raise Army, Navy, and later an Air Force
-Call forth Militia
-Make rules concerning Captures
What does the War Powers Resolution 1973 do?
Congress can restrict the use of US forces in a country that is not in a state of war
What is Naturalization?
process by which citizens of one country become citizens of another
What do the Postal Powers do?
establish postal service
What is Copyright?
A legal right that grants protections against unauthorized copying to the owner of the work
What is a patent?
a government document that establishes an inventor to exclusively sell or make an invention
What does Weights and Measures Power do?
The power of congress to establish the measurements of time, weight, distance, etc.
What is Eminent domain?
the power of the state to take private property for public use with payment of compensation to the owner
What are the Judicial Powers of Congress?
1. establish Federal Courts
2. Define laws and punishment
What are implied powers?
Powers given to Congress that aren't in the constitution. Gives Congress the power to do whatever is 'necessary & proper' to carry out expressed powers
What is Article 1, Section 8, Clause 18 called?
Necessary and Proper Clause
What year did Alexander Hamilton call for a national bank?
1790
Why did Jefferson and strict constructionists believe that a bank was unconstitutional?
-no expressly granted
-No absolutely necessary to complete expressed powers
How did Hamilton and liberal constructionists defend having a bank?
-used necessary and proper clause as justification
-Necesary and proper to taxing, borrowing, commerce, and currency
What does McCullough V Maryland do?
In establishing a national bank, Congress was legally exercising its enumerated powers not specifically mentioned in the Constitution (implied powers)
What must an implied power be based on?
expressed power
Does Congress play a key role in Constitutional amendments?
yes they play a key role
What does the House of Rep. get to do if no president wins in the Electoral College?
House gets to elect the President
What does the Senate get to do if no Vice President wins in Electoral College?
Senate gets to elect Vice President (Each Senator gets a vote)
What does the 25th Amendment do?
states that the new president nominates a new VP but it must be approved by both houses of congress
What does impeach mean?
The power of the House to accuse a president of wrong-doing, and possibly force the president out of office. Andrew Johnson(1868) and Bill Clinton(1998) were the only impeached presidents.
What is Senatorial courtesy?
The Senate will only approve an official appointed by the President if the senator/s from the state of the official also approve of him/her.