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
