3.2 Enactment of Legislation & Powers of Congress

What are expressed powers?

Powers of Congress that are specifically mentioned in the Constitution, found in Article I Section 8.

What are implied powers?

Powers of Congress that are not mentioned in the Constitution but are reasonably expected to be present, relating to expressed powers.

What are inherent powers?

Powers that belong to the US government because it is a sovereign nation.

What is the Elastic Clause?

Also known as the Necessary and Proper Clause, it grants Congress implied powers "necessary and proper" to execute its enumerated powers.

What is the belief of a strict constructionist?

they believe the government can only do what is specifically authorized by the Constitution.

Who was a notable strict constructionist?

Thomas Jefferson.

What is the belief of a liberal constructionist?

they believe that congress should have powers broader than just what is expressed in the constitution

Who was a notable liberal constructionist?

Alexander Hamilton.

Where could someone find the expressed powers of Congress? How many expressed powers does Congress have

Article I Section 8 Clauses 1-18, there are 27 powers given to Congress.

What does the Necessary and Proper Clause state?

It states that Congress shall have the power to do whatever is necessary and proper for carrying into execution the foregoing powers.

What is an example of an implied power related to expressed powers?

The power to punish tax evasion to enforce the power to tax.

What was the significance of McCulloch v. Maryland?

It reinforced the legitimacy of implied powers, ruling that the Bank of the United States was a legitimate implied power needed to enforce commerce power.

What must an implied power relate to in order to be legitimate?

It must relate to an expressed power and be involved in the enforcement of that expressed power.

what is a bill?

a proposed law

What is the committee stage?

A chosen group of representatives investigates the Bill to address any issues and suggest appropriate amendments

what is a filibuster?

talking a bill to death

Why are filibusters used?

So senators can try to kill a bill when they don't have the votes to kill it.

what is a cloture?

A measure to end a filibuster, requires 60 votes.

What is veto?

Executive (president) rejection of a bill

What is a pocket veto?

The President ignores a bill passed in each house of Congress and Congress adjourns before ten days. In the case the bill dies

What are the 4 steps of passing a bill in Congress?

Introduction, committee, floor debate, floor vote

What are the 5 actions of the committee?

Report favorably, Refuse to report, Report an amended bill, report unfavorably, report a committee bill

what is reporting an amended bill?

A change was made to the bill

what is reporting the bill unfavorably?

they let it out of committee but they do not endorse the bill

What is report a commttee bill?

so many changes are made to the bill that it no longer resembles the bill as it began

What are the rules of debate for House of Rep?

Rules are strict, one speech rule, must stay on topic, time limit between 5min-1hr, the speaker can end debate, members can call for a vote

What are the rules of debate for the Senate?

Rules are not as strict, two speech rule, no time limit, a senator can talk about anything, filibuster, only cloture can end debate & it requires 60 votes.

what is the reason for the different rules of debate in each house?

their sizes. 435 in the House & 100 in Senate

When is the conference committee needed?

when there is difference in the House and Senate version of a bill.

What does the conference committee do?

They will draft a compromise bill that both houses can vote on.

What is required for a bill to pass in each house of Congress?

a majority vote of 51 in the senate and 218 in the house

What are the four options of the President when he receives a bill that has passed both houses?

sign, veto, ignore, pocket

Who is Maury County's representative in the House of Representaives?

Andy Ogles

Who are TN's 2 U.S. senators?

Marsha Blackburn and Bill Hagerty