Module 1 Flashcards
Loose Construction
Interpretation of the Constitution allowing federal government to do what’s necessary and proper
Elastic Clause
Article 1, Section 8 of Constitution allowing Congress to make all laws that are “necessary and proper” to carry out the powers of the Constitution
McCulloch v. Maryland (1819)
Established Congress’ authority to create a national bank and established the doctrine of implied powers
Implied Powers
Inferred from delegated powers, not explicitly stated
Delegated Powers
Powers specifically assigned to the national government
Inherent Powers
Integral powers to national sovereignty, i.e. declaring war, conscription
Enumerated Powers
Congressional powers specifically stated in the Constitution
- Power to impeach
- Power to regulate and discipline
- Habeas Corpus
- No Ex Post Facto Laws
- Power to establish post offices, coin money, taxation, and regulate interstate commerce
Power to Impeach
House can pass accusation.
Senate tries impeachments
Power to Regulate & Discipline
Includes power of expulsion from Congress (2/3rds vote) and censure
Habeas Corpus
Right for a person to be brought before a judge to be explained the charges laid against them.
Cannot be suspended except during wartime or insurrection.
Ex Post Facto Law
Making an act illegal after it has already been performed
Impossible for Congress to do
Article 1, Section 8
Gives Congress ability to:
- tax
- establish post offices
- coin money
- regulate interstate commerce
Article 1, Section 7
Gives Congress power to raise revenue.
Bills to do so must start in the House
Income Tax
Tax levied on income
Payroll Tax
Flat tax matched by employers for Social Security and Medicare
Sales Tax
State and local level, not federal
Sin Tax
Levied on items such as alcohol and tobacco
Estate Tax
Levied on property after death
Deficit/Public Debt
Government spending exceeds government revenues
Budget Process
1) President submits budget for each fiscal year (Oct. 1 - Sep. 30)
2) Congressional Budget Office manages the budget process
Gramm-Rudman Act (1984)
Aimed to reduce the national debt
Failed
Budget Enforcement Act (1990)
Defined mandatory and discretionary spending.
Introduced a pay-as-you-go system
Balanced Budget Act (1997)
Led to paying down deficit, resulted in budget surplus
House of Representatives
435 members
Population proportional representation by state
Speaker of the House
Selected by majority party in the House of Representatives.
2nd in line to presidency after VP
Whips
Keep party leader informed of party members’ thoughts on certain bills.
In charge of determining what the likely vote will be on controversial issues.
Both majority and minority parties of House & Senate elect a whip
Senate
100 members
2 senators per state
Vice President
President of the Senate
Casts tie-breaking votes
President Pro Tempore
Technically 3rd in line for the presidency after Speaker
Selected by majority party. Typically goes to longest serving member.
Largely honorific.
Permanent Committees
Assist in legislative duties, both chambers have ~20 each
Select Committees
Formed for temporary matters
Ways & Means Committee
Appropriates federal funding