Chapter 5 - Articles (Constitution) Flashcards
article 1
establishes the powers of the legislative branch
article 2
establishes the powers of the executive branch
article 3
establishes the powers of the judicial branch
article 4
deals with relations among the states and with national government
article 5
amending the constitution
article 6
supremacy of national law
article 7
ratification of the constitution
the founders intended ________ to be the dominant branch
Congress
to serve in the house
25 y/o, 7 years citizen, must reside in state from which they are elected
to serve in senate
30 y/o, 9 year citizen, must reside in state from which they are elected
what Congress does
a. make laws
b. oversight
c. representation
d. budget making
article 1, section 1, clause 1
vesting clause
thousands of bills introduced; but most die
in committee
tax measures
- house-only, by constitution
- only members may introduce a bill
1921, Watchdog - is money being used properly
Government Accountability office
Problems with congressional oversight
1) committee members place constituent protection and the interest of big campaign donors above rule enforcement
2) party in power in Congress much less likely to have good oversight if president is of the same party – don’t want to make the party look bad
Article 1 section 9 Clause 7
Budget making
OMB
The office of Management and Budget
CBO - a nonpartisan agency
The congressional budget office
A formal declaration by a legislative committee that a certain amount of funding may be available to an agency
Authorizations
The Passage, by Congress, of a spending bill specifying the amount of authorized funds that actually will be allocated for an agency’s use
Appropriation
The practice in the United State of financing expenditures with funds that are currently available rather than borrowed
Pay as You Go Rule
Explicit constitutional powers -> powers specifically delegated to the Congress by the US constituion
Enumerated Powers
Article 1 Section 8 Clauses 1-17 plus 18
- power to lay and collect taxes
- to borrow money
- to coin money
- standard of weights and measures
- punishment of counterfeit
- establish post offices
- to declare war
- to raise and support armies
- to provide and maintain a navy
- to organize militias
- rules for capital
The necessary proper clause
the elastic clause; necessary and power
that is the power non explicitly named in the constitution, but assumed to exist due to their being necessary to implement
implied powers
one of the most important safeguards of personal liberty within the American legal system
the writ of Haneas Corpus
a legislative act which punishes a person without a bridal and prohibits that person from inheriting or leveling property
No Bill of Attainder
Any law which makes criminal an act which was not criminal when committed, or which inflict a greater punishment that when the crime was committed
Ex Post Facto
Clause 8
ensure that the US would never develop a formal aristocracy
