Chapter 11 Flashcards
Name often given to the necessary and proper clause because it is a provision of implied powers has allowed the national government to stretch its powers well beyond its expressed powers indeed into areas only obliquely related to its expressed powers
Elastic clause
Commerce power
The power of congress to regulate interstate and foreign trade
Strict constructionist
Those who insist that congress should be able to exercise the expressed powers and only those implied powers absolutely necessary to carry out those expressed powers. They maintain the states should keep as much power as possible ans generally agree with Thomas Jefferson that the government is best which governs least.
Liberal construction
Favored a liberal interpretation of the constitution, a broad construction of the powers it gives to Congress. They believed the country needed to quote Alexander Hamilton “an energetic government”
Where are Congress’s enumerated powers found
Article I section 8 clauses 1-8
How many expressed powers are set out in article 1 section 8
27 expressed powers
In what ways are powers denied to congress
Explicitly denied to congress in so many words in the constitution
By the constitutions silence on many matters
By the federal system which is created by the constitution
What powers are granted to congress by the constitution
Explicitly, in its specific wording - the expressed powers
By reasonable deduction from the expressed powers - the implied powers
By the creation of a national government for the us - the inherent powers
What was the importance of gibbons v. Ogden
The court defined commerce broadly - that commerce extended beyond the tragic or the mere buying and selling of goods; it includes all commercial intercourse - thereby extending the congresses power of commerce. Thus, the elasticity of the Congress’s commerce power were further stretched, thus strengthening the national government in this realm, and conversely the authority of the states was weakened against that of the national government.
What constitutional provision keeps congress from taxing churches?
The 1st amendment protects the free exercise of religion. Recall that the power to tax is the power to destroy.
What amendment keeps congress from laying poll tax as a condition for voting?
The 24th amendment, which banned the poll tax or any tax that might infringe on a citizens right to vote
Was the paper money issued by the us always legal tender? What was the first cation all currency issued by congress and made legal tender?
No; greenbacks; issued in 1862 to fund the unions prosecution of the civil war
Did the Supreme Court always find the insurance of paper money by the national government to be constitutional? Why not?
No, in Hepburn v. Griswold it said to coin meant to stamp metal and so the constitution did not authorize it. Obviously, this decision was soon overturned in 1871 and again in julliard v. Greenman in 1884.
Why do the 50 states have no standing in international law?
They lack sovereignty
What two historical processes have made the necessary and proper clause evermore elastic through the generations?
The manner in which congress has viewed the concept, together with the supporting decisions of the Supreme Court
