11. 1 Flashcards
What type of powers does Congress have?
They only have those powers that are delegated to it by the OCnstitution
What are examples of things that Congress cannot do?
It cannot create a national public school system, require people to vote/attend chuch, set a minimum age for marriage/drivers’ liscences
What are three types of power that Congress has?
- It is in specific wording-EXPRESSED POWERS
- By reasonable deduction from the expresed powers: IMPLIED POWERS
- By creating a national government for ht eUnited States -INHERITED POWERS
Where are almost all of the expressed powers for Congress found?
They are found in Article 1 Section 8
Is the constitution still being interpreted today?
Yes, it is being interpreted
What is an example of the interpretation of the constitution?
The Commerce Clause
What is the issue with the commerce clause?
The Commerce Clause states that Congress has the power to regulate commerce with foreign Nations nad among several states. However, the are intepreting this to find where to draw the line
What was the case with Gibbons Vs. Ogden?
Basically, When Robert Fulton’s steamboat the Clermont road up the Hudson river, it was granted permission to have n exclusive lnong term grant to navigate the waters. Thomas Gibbons began to operate a passenger boat, but wasn’t allowed to by New York. He claimed that it violated the power to interfere with interstate commerce.
What are some of the limits on the Commerce Clause?
- Cannot Tax Exports
- Cannot favor the ports of one state over those of any other in the reglation of trade
- cannot require that “Vessels bound to or from one State be obliged ot enter, clear, or pay Duties”
- Could not interfere with the Slave trae at least not until 1808
Does Congress have the power to tax?
Yes, it does have the power to tax
What is a tax?
It is a charge levied by th egovernment on persons or property to raise money to meet public needs . They are sometimes levied to protect the public health and safety. The federalgovernment’s regulation of narcotics is one such case
What are some limits on taxing power?
Congress may tax only for public purposes
- COngress may not taxex ports
- Direct taxes must be apportioned among the states according to their populations
What is a direct tax?
It is one that mustbe paid directly to the goverment by the person on whom it is imposed
Wealth translated to what?
Ability to pay taxes
How are taxes levied?
They are levied in accordance to the residents of each state