Congress’ Enumerated and Implied Powers

Practice questions and answers covering Alexander Hamilton's Loose Construction, the McCulloch v. Maryland ruling, different types of congressional powers, and the rules surrounding impeachment and legislative discipline.

What constitutional interpretation did Alexander Hamilton advocate for, which suggested the national government could do whatever was necessary and proper?

"Loose Construction"

What is the alternative name for the "necessary and proper clause" mentioned in the transcript?

The "Elastic Clause"

According to Hamilton, which clause gave Congress the power to create a centralized bank?

The elastic clause

Who was the agent for the Baltimore branch of the Second National Bank of the United States that refused to pay the tax imposed by Maryland?

James McCulloch

What were the two constitutional questions raised by the stand-off in McCulloch versus Maryland?

1. Did Congress have the authority to charter a national bank? 2. Were states allowed to tax federal property?

In the 1819 case McCulloch versus Maryland, which Chief Justice argued that Congress could create a national bank?

Chief Justice John Marshall

Under which article and section of the Constitution did the Supreme Court assert that Congress could establish all appropriate means to fulfill legitimate ends?

Article I, Section 8

The McCulloch ruling established which doctrine that granted Congress discretionary power to achieve its responsibilities?

The doctrine of implied powers

Which clause in Article 6 states that legitimate national laws trump conflicting state laws?

The supremacy clause

How are "implied powers" defined in the lecture?

Powers that are inferred from delegated powers.

What are "delegated powers"?

Powers specifically assigned to the jurisdiction of the national government.

What are "inherent powers" and what is one example provided?

Powers integral to national sovereignty; an example is the power to declare war.

What is the collective term for delegated and inherent powers because they are explicitly listed in the Constitution?

Enumerated powers

According to Article I, Section 3, which body has the power to make the accusation for impeachment, and which body tries the impeachment?

The House has the power to make the accusation; the Senate has the sole power to try the impeachment.

According to the transcript, which two presidents have been impeached but not removed from office?

Andrew Jackson and Bill Clinton

What is required for the Senate to remove a president from office following impeachment?

A two-thirds vote

What is the most severe form of congressional discipline, and what vote is required for it?

Expulsion, which requires a two-thirds vote.

What is a "censure" in the context of congressional discipline?

A formal reprimand.

Under what conditions can a congressman be arrested while Congress is in session?

Treason, felony, or breach of peace.

What does Article I, Section 9 forbid Congress from doing regarding the legality of acts already performed?

Making "no post facto laws" (ex post facto laws).

What does the Latin term "habeas corpus" translate to according to the transcript?

"you have the body"

Under Article I, Section 8, where does the coining of money and the printing of paper money specifically occur?

Coining occurs at the US Mint; printing paper money occurs at the Bureau of Engraving and Printing.