American Government Chapter 11

Congressional Powers

Congress only has the powers it is delegated

Expressed Powers

Stated in specific writing

Implied Powers

Not stated in writing. Reasonable expansion of expressed powers. Necessary and Proper

Inherent Powers

Powers given to any national government

Strict Constructionist

A person who believes that congress should only have expressed powers and only implied powers that are absolutely necessary. Someone who believes the constituiton literally.

Liberal Constructionist

A person who believes in broad interpretation of the Implied powers, want to greatly expand the powers of the national government, and since 1789 has caused the power of the national government to expand

Direct Tax

A tax which is paid by the person on whom it is levied on. Ex: Federal Income Tax

Indirect Tax

A tax which can be passed onto someone else Ex: property tax

What are the 5 limitations of the power to Tax?

1. For public uses only

2. Can’t tax exports

3. Direct taxes must be divided up amongst the states by population

4. Indirect taxes must be levied at the same rate in all parts of the nation

5. Churches cannot be taxed

The Power to Borrow

Congress may borrow money to finance its business.

The Commerce Power

Congress can regulate trade. Implies other powers like the federal minimum wage, a civil rights act of 1964. Also, this power is limited.

Foreign Relations and War Powers

Congress has the power to deal with foreign nations. Shared with the president. Congress also has the power to declare war.

The War Powers Act

The president has the power to commit troops to limited combat situations but must consult with Congress and notify them within 48 hours. Congress can then decide to continue or withdraw forces.

Necessary and Probable Clause is what power?

Implied Power

Necessary and Proper Clause (Elastic Clause)

Stretches the power of Congress to pass laws that are needed to carry out the Constitution’s other powers.

Hamilton Vs Jefferson

Liberal Vs. Strict

McCulloh Vs Maryland

The Court decided the Federal Government had the right and power to set up a Federal Bank and that states did not have the power to tax the Federal Government. In favor of implied powers.

Non-Legislative Powers

Congress has the power to propose amendments. Needs a two-thirds majority in both houses.

The house determines the…

President

The senate determines the…

Vice President

Impeachment

To bring formal charges against a president/ to bring charges against someone

Executive Powers

All presidential appointments are confirmed by the Senate and all treaties made by the president must be ratified by the senate

Investigatory Powers

Congress has the power to investigate matters related to the legislative powers.

Patent

Sole right to make or sell a new invention

Copyright

Exclusive right to publish or sell written or creative work

Legal Tender

Money that a creditor must by law accept in payment or debt

Judicial Powers

Confers on federal courts the power to decide a case and to render a judgement that conclusively revolves a case.

Under the 25th amendment the president nominates a

successor

The Federal Government has often relied on __ to pay for wards or social programs

deficit financing

Supreme Court rulings have been key to broadening the scope of which expressed power?

the commerce power

For what purpose does the Constitution give Congress the power to regulate bankruptcy?

To establish uniform procedures for dealing with insolvent debtors

Gibbons Vs Ogden

Expanded the commerce power to include all commercial interactions

Who has the sole power to impeach the president?

The House of Representatives

Congress has the sole power to…

declare war

Congress’s power to create federal courts is an example of

checks and balances

After the House has impeached a president, what must happen next in order to remove that president from office?

The senate must convict the president