Chapter 11 Flashcards
Why are there limits on Powers of Congress?
Limited government and federal form of government (separated of powers)
Denied powers of Congress?
Can’t create National Public Schools, Can’t require to vote or attend Church, and can’t set driver license and marriage (state power)
Powers stated in constitution
Expressed
Powers reasonably deduced to congress from expressed
Implied
Created by a national government for the United States
Inherent
Power of congress to regulate interstate and foreign trade
Commerce Clause
Jon Marshal case where two separate licenses were issues t regulate steam boats
Gibbons vs Ogden
Limits on Commerce Power
Congress can’t tax exports, favors states in trade, require vessels bound to another state to require it for another, or interfere with slave trade.
Charged levied by government on persons or property to raise money to meet public needs
Tax
Limitations on power to tax
- ) tax for public good, not private
- ) can’t tax exports
- ) direct taxes must be appointed to States by populate
- ) all duties must be uniform within US
Reasons to tax
Protect public health through licenses
Protect domestic industry
Raise money
All of the money borrowed by the federal Government over the years and not yet repaid
Public debt
Congress’ power to borrow money on the credit of the United States
Borrowing power
Regularly spends more than it takes in and borrows to make up difference
Deficit financing
To establish uniform laws on the subject of bankruptcy in the United States
Bankruptcy Power
The legal proceeding in which the bankruptcy asserts are distributed among those to whom a debt is owed
Bankruptcy
Power to coin money and regulate value thereof
Currency power
greatest area power Congress has; President represents US mainly with conduct Shares with president
Foreign Relations Power
What gives congress power of foreign relations
- ) from number of expressed powers—spending, commerce, and war powers-
- ) US is sovereign state in the world body ( can act on National Security issues which may be foreign
Do states deal with foreign relations?
No
Shares with President; dealing with war and national defense, 6 powers stated expressly
War Powers
War Powers of Congress
1.) Declare War 2.) Raise and Support Army 3.) Provide and Maintain Navy 4.) Make rules pertaining to governing of land and naval forces 5.) Also can grant letter for reprisal and marque
This restricted the presidents war making powers which was applied by congress due to vietnam; forces in combat where they are not needed
War Powers Resolution of 1973
When can President ‘send troops’ war?
If congress declared war, congress specifically ordered military actions, and when there is an attack on US or any of its armed forces has occurred
process by which citizens of other countries become citizens of another
Naturalization
Power to establish Post office and Roads; can’t stop mail or destroy Mail boxes
Postal Power
the exclusive right of an author to reproduce, publish, and sell his or her creative work.
copyright
who registers copyrights?
Copy Right Office in the Library of Congress
how good are copyrights good for?
Author’s life + 70 Years
Grants a person the sole right to manufacture, use, or sell any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof
patent
How long is a patent good for?
20 yrs
Who administers patent laws?
The Patent and Trademark Office in the Department of Commerce
power to manage dispose or acquire territories
Power of Territories
parts of United States that aren’t admitted as states and having own systems of government
Territories
the inherent power to take private property for public use
eminent domain
What restricts eminent domain?
5th amendment; can’t take without persons consent
power to make sure we have accurate uniform gauges in time of time, distance, area, weight, and volume
powers of weight and measures
creates all federal courts and defines crimes andpunishes violators
Judicial Powers
Make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all powers vested by this consititution in government of the united states or in any department or officer thereof ; Elastic Clause
Necessary and Proper Clause
led by thomas jefferson, argued for Anti federalist position from the ratification period of the constitution; Felt congress should only exercise its expressed powers and only those implied powers absolutely necessary to carry out those expressed powers; believed the best government is the one which governs least; wanted strong national government , but feared for abuse
Strict constructionists
led by alexander hamilton; wanted to adopt constitution ; favored broad powers to congress; an energetic government
liberal constructionists
court case settling case in on implied powers
Mcculloch vs maryland
Where congress has found basis to exercise implied powers
commerce power, tax power, and the war powers
appropriates
assigns for particular use
implied war powers
draft,
how many votes for amendments
2/3
If no one receives majority of electoral votes who decides president
house of representatives
If no one decides on VP who decides
senators vote on it
what crimes are impeachable
treason, bribery, or other high crimes
Who impeaches the president
HOR majority vote
to accuse bring charges
impeach
how many votes in senate for impeach
2/3
Andrew jackson was impeached because
violation of law
Why was Bill Clinton impeached
perjury, and relationship with intern
lying under oath
perjury
formal condemnation of behavior
censure
Richard nixon resigned because
watergate scandal
legal order directing one to appear before that body or produce certain evidence
subpoenas
Two executive powers to senate
appointments of office, and treaties made by president
how many denied cabinet members of senate
12
how a treaty is okay by senate
2/3
power to inquire info or inform itself on any matter
power to investigate
reasons to investigate
gather information necessary to farming of legislation, oversee the operations of various agencies in the executive branch, focus public attention on some particular matter, expose activities of public official, or promote particular interests of some members of congresss
both houses rely on heavily in taxing, spending, and other budget related matters
Congressional Budget Office
Staff specialists provide members with factual information on virtually any subject
Congressional Research Service
broad authority to monitor the work of the federal government and report its findings to congress
Government Accountability Office
