1

Question 1

Article 1 § 8 - Congress has the power to:
1. ?
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3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Answer 1

1. Tax and spend for the general welfare

Question 2

Article 1 § 8 - Congress has the power to:
1.
2. ?
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.

Answer 2

2. Borrow Money

Question 3

Article 1 § 8 - Congress has the power to:
1.
2.
3. ?
4.
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6.
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9.
10.
11.
12.
13.
14.

Answer 3

3. Regulate commerce with foreign nations, between states and the several states i.e., the commerce clause

Question 4

Article 1 § 8 - Congress has the power to:
1.
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4. ?
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10.
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13.
14.

Answer 4

4. Establish naturalization and bankruptcy rules

Question 5

Article 1 § 8 - Congress has the power to:
1.
2.
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4.
5. ?
6.
7.
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11.
12.
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14.

Answer 5

5. Coin money and punish counterfeiting

Question 6

Article 1 § 8 - Congress has the power to:
1.
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6. ?
7.
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14.

Answer 6

6. Establish post offices and roads

Question 7

Article 1 § 8 - Congress has the power to:
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4.
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6.
7. ?
8.
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14.

Answer 7

7. Patent and copyright laws

Question 8

Article 1 § 8 - Congress has the power to:
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8. ?
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14.

Answer 8

8. Establish inferior federal courts

Question 9

Article 1 § 8 - Congress has the power to:
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6.
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9. ?
10.
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13.
14.

Answer 9

9. Define and punish crimes of the high seas and war

Question 10

Article 1 § 8 - Congress has the power to:
1.
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5.
6.
7.
8.
9.
10. ?
11.
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13.
14.

Answer 10

10. Declare war

Question 11

Article 1 § 8 - Congress has the power to:
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6.
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8.
9.
10.
11. ?
12.
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14.

Answer 11

11. Raise armies and support a navy

Question 12

Article 1 § 8 - Congress has the power to:
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6.
7.
8.
9.
10.
11.
12. ?
13.
14.

Answer 12

12. To provide for calling forth a militia

Question 13

Article 1 § 8 - Congress has the power to:
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6.
7.
8.
9.
10.
11.
12.
13. ?
14.

Answer 13

13. Exercise legislative authority over the District of Columbia

Question 14

Article 1 § 8 - Congress has the power to:
1.
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4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14. ?

Answer 14

14. To make laws necessary and proper to effectuate these powers (Congress has the power to do whatever is necessary and proper to carry out its enumerated powers under Article 1 Section 8).

Question 15

Article 1 Section 8 Clause 18

Answer 15

Necessary and Proper Clause

Question 16

The Congress shall have power to make all laws which shall be ________ and ______ for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.

Answer 16

necessary and proper

Question 17

__________________ allows congress to take any legislative action that is rationally related to the carrying out of an objective that falls within an enumerated power.

Answer 17

The Necessary and Proper Clause

Question 18

To pass a law you need the ______ (a majority of 435 people) & the ______ (hard because they have parliamentary rules like a filibuster that require a super majority) & then we need a _________ to sign it into law.

Answer 18

house

senate

president

Question 19

_________ may only act if there is an express or implied authority to act in the Constitution.

Answer 19

Congress

Question 20

The ______________________ gives congress the broad authority to enact federal legislation that is useful to the beneficial exercise of an enumerated power. Meaning, congress can employ any means appropriate and plainly adapted to meet a permitted end.

Answer 20

necessary and proper clause

Question 21

The necessary and proper clause gives congress the broad authority to enact federal legislation that is useful to the ____________ ___________ of an enumerated power. Meaning, congress can employ any means appropriate and plainly adapted to meet a permitted end.

Answer 21

beneficial exercise

Question 22

The necessary and proper clause gives congress the broad authority to enact federal legislation that is useful to the beneficial exercise of an enumerated power. Meaning, congress can employ any means appropriate and ________ ___________ to meet a permitted end.

Answer 22

plainly adapted

Question 23

Constitution implies provision of discretion to Congress and per the Necessary and Proper Clause, Congress can enact laws that are __________ to effectuating its enumerated powers.

Answer 23

convenient

Question 24

Test: To determine the constitutionality of the necessary and proper clause, it must be determined whether the statue constitutes a means that is _________ ________ to the implementation of a constitutionally enumerated power.

Answer 24

rationally related

Question 25

Test: To determine the constitutionality of the necessary and proper clause, it must be determined whether the statue constitutes a means that is rationally related to the implementation of a __________ ________ __________.

Answer 25

constitutionally enumerated power.

Question 26

How do conservatives view the necessary and proper clause?

Answer 26

Conservatives view this clause as very narrow: When I give you my keys for work, you go to work and get home.

Question 27

Conservatives view this clause as very narrow: When I give you my keys for work, you go to work and get home.

Conservatives advocate for a narrow interpretation of this clause, emphasizing strict adherence to the enumerated powers granted to congress by the Constitution. They reason that a broad interpretation of this clause would encroach upon the rights of individuals and states.

Answer 27

The Necessary and Proper Clause

Question 28

___________ view this clause as very narrow: When I give you my keys for work, you go to work and get home.

___________ advocate for a narrow interpretation of this clause, emphasizing strict adherence to the enumerated powers granted to congress by the Constitution. They reason that a broad interpretation of this clause would encroach upon the rights of individuals and states.

Answer 28

Conservatives

Conservatives

Question 29

Conservatives view this clause as very _________: When I give you my keys for work, you go to work and get home.

Conservatives advocate for a ________ interpretation of this clause, emphasizing strict adherence to the __________ _________ granted to congress by the Constitution. They reason that a broad interpretation of this clause would encroach upon the rights of individuals and states.

Answer 29

narrow

narrow

enumerated powers

Question 30

How do liberals view the necessary and proper clause?

Answer 30

Liberals view this clause as very broad  When I give you my car keys for work, as long as you go to work and come home, you can do whatever.

Question 31

Necessary and Proper Clause:

________ view this clause as very broad: When I give you my car keys for work, as long as you go to work and come home, you can do whatever.

• ________ view this clause as very broad, granting congress considerable flexibility in enacting legislation which carries out its enumerated powers effectively.
• Further, _______ believe that through this broad view, congress is able to remedy changing and complex circumstances that may have not been foreseen by the framers of the constitution.

Answer 31

Liberals

Liberals

Liberals

Question 32

Liberals view this clause as very broad: When I give you my car keys for work, as long as you go to work and come home, you can do whatever.

• Liberals view this clause as very broad, granting congress considerable flexibility in enacting legislation which carries out its enumerated powers effectively.
• Further, liberals believe that through this broad view, congress is able to remedy changing and complex circumstances that may have not been foreseen by the framers of the constitution.

Answer 32

The Necessary and Proper Clause

Question 33

Liberals view this clause as very broad: When I give you my car keys for work, as long as you go to work and come home, you can do whatever.

-Liberals view this clause as very broad, granting congress considerable flexibility in enacting legislation which carries out its enumerated powers effectively.

-Further, liberals believe that through this broad view, congress is able to ________ changing and complex circumstances that may have not been foreseen by the ________ of the constitution.

Answer 33

remedy

framers

Question 34

National bank set up in the states. 1st in Philadelphia, 2nd Maryland. Maryland says the power to create the bank isn’t delegated in Article 1, Section 8 and therefore, we are going to use our power under the 10th amendment to impose a tax. The Court determined that Congress could use the necessary and proper clause to execute its delegated power.

What case?

Answer 34

Case: McCulloch v. Maryland

Question 35

What case supports a broad interpretation of Congressional Power?

Answer 35

Case: McCulloch v. Maryland

Question 36

Case: McCulloch v. Maryland:

Court interprets the Necessary and Proper Clause as a _____ and not a __________ on Congressional power.

The bank is authorized as a necessary and proper component because it is a good way to tax and spend for the general welfare and it is useful to have a bank if you are going to raise and support an army and useful and because convenient; it doesn’t have to be ________ _________.

Answer 36

Grant

limitation

absolutely necessary

Question 37

____________ is the division of power between the federal government and the states.

Answer 37

Federalism

Question 38

Advantages of greater _________ include 1) decreasing likelihood of tyranny; 2) enhancing democratic rule that is closer to the people; and 3) allowing states to be laboratories for new ideas.

Answer 38

federalism

Question 39

Advantages of greater federalism include:
1. ?
2.
3.

Answer 39

1. decreasing likelihood of tyranny

Question 40

Advantages of greater federalism include:
1.
2. ?
3.

Answer 40

2. enhancing democratic rule that is closer to the people and

Question 41

Advantages of greater federalism include:
1.
2.
3. ?

Answer 41

3. allowing states to be laboratories for new ideas.

Question 42

Disadvantages of greater state power include:
1. ?
2.

Answer 42

1. adverse selection

Question 43

Disadvantages of greater state power include:
1.
2. ?

Answer 43

2. government tyranny by special interests who capture local and state government

Question 44

The Necessary and Proper Clause gives Congress ______ _______ to enact federal legislation that is useful to the beneficial exercise of an enumerated power.

Answer 44

broad authority

Question 45

The Necessary and Proper Clause gives Congress broad authority to enact _______ _________ that is useful to the beneficial exercise of an enumerated power.

Answer 45

federal legislation

Question 46

The Necessary and Proper Clause gives Congress broad authority to enact federal legislation that is useful to the ________ _________ of an enumerated power.

Answer 46

beneficial exercise

Question 47

The Necessary and Proper Clause gives Congress broad authority to enact federal legislation that is useful to the beneficial exercise of an ________ _______.

Answer 47

enumerated power

Question 48

To determine ___________ under the Necessary and Proper clause, we look at whether the statute constitutes a means that is rationally related to the implementation of a constitutionally enumerated power.

Answer 48

constitutionality

Question 49

To determine constitutionality under the Necessary and Proper clause, we look at whether the statute constitutes a means that is ________ ________ to the implementation of a constitutionally enumerated power.

Answer 49

rationally related

Question 50

To determine constitutionality under the Necessary and Proper clause, we look at whether the statute _________ a ________ that is rationally related to the implementation of a constitutionally enumerated power.

Answer 50

constitutes a means

Question 51

To determine constitutionality under the Necessary and Proper clause, we look at whether the statute constitutes a means that is rationally related to the implementation of a ________ ________ ________.

Answer 51

constitutionally enumerated power

Question 52

Although Congress has no direct authority to pass criminal laws beyond a few specific crimes such as counterfeiting and treason, Congress has power to pass criminal laws in furtherance of its power to ________ _______ and _______ _______, tax and spend for the general welfare or enforce civil rights, etc.

Answer 52

regulate interstate and foreign commerce

Question 53

A concomitant of this power is a federal power to erect prisons and insure for the health and safety of prisoners and the surrounding community.

What does this refer to?

Answer 53

necessary and proper clause

Question 54

Holding: The federal civil confinement statute at issue is authorized by Congress’s power under the Necessary and Proper Clause.

what case?

Answer 54

Case: United States v. Comstock

Question 55

United States v. Comstock- Congress could act under the necessary and proper clause to regulate sex offenders who had been in prison for committing federal crimes but had finished their sentences. The court held congress had the power under _________ and _______ ________ to set up procedures to determine whether these sex offenders should be held in civil confinement beyond the end of their sentences because they otherwise would present a danger to the community. Comstock involves an unusual situation and usually you should tie your use of the necessary and proper clause in justifying federal legislation to Congress’s exercise of an enumerated power.

Answer 55

necessary and proper

Question 56

The Court concluded the Affordable Care Act’s Individual Mandate was not authorized under the Necessary and Proper Clause.

What case?

Answer 56

Case: NIFB v. Sebelius

Question 57

Case: NFIB v. Sebelius, the Court concluded the Affordable Care Act’s Individual Mandate was not authorized under the Necessary and Proper Clause.

Even though a particular law may satisfy the requirement of being necessary in the rationally related sense, it may still not be “proper” if it would tend to “undermine the structure of government established by the Constitution.”

____ ________: All powers not delegated to the federal governments are reserved for the states.

There have been few Court decisions interpreting the Necessary and Proper Clause.

Answer 57

10th Amendment