Article 1 (The Legislative Branch) Flashcards
What is the General Welfare Clause?
General power of Congress
“Provide for the common Defense and general Welfare (common good) of the US.”
What is the Necessary and Proper Clause?
General power of Congress
“Make all laws which shall be necessary and proper” for the carrying out of the other powers that the Constitution grants to Congress
What are Enumerated Powers?
Powers that are specifically listed in the Constitution
Found in Article 1: borrow money, declare war, establish post offices, collect taxes
What is the problem and solution for enumerated powers?
Problem: might leave out important powers needed by Congress to deal with unforeseen situations
Solution: use both general and specific language
* General Statements: general welfare clause, and necessary and proper clause
What is a bill?
A proposed law given to the legislature for approval
What is a veto?
Example:
The right of a branch of governemnt to reject a bill that been passes in an effort to delay or prevent its enactment
The president can veto a law when it is proposed, but it can still be overridden if ⅔ of the House and ⅔ of the Senate vote for it
What are the limits to the powers of Congress?
Suspending writ of habeas corpus
Passsing ex post facto laws (can’t make law today and arrest you for breaking it yesterday)
Passing Bill of Attainder (set a punishment for someone violating the law without court trial)
What is Writ of Habeas Corpus?
Government can’t suspend the privilege of writ of habeas corpus (limit on the power of Congress)
It is: government must explain why that person has been arrested, if the government can’t, they must be set free
What is impeachment?
The House of Representatives can impeach the president, then the Senate holds a trial
* It means ‘to bring to trial’
What is the 3/5 clause?
In Article 1, slaves counted as ⅗ of a vote/person (abolished by 14th Amendment)
* South wanted to count them as 1 to gain more power (to spread slavery)
* North wanted to count as 0 (they are ‘property’) to stop slavery
* Agreement on 5 slaves count as 3 votes