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These flashcards review key concepts related to the enumerated and implied powers of Congress as discussed in Dr. Briscoe's lecture.
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Which constitutional powers are specifically listed in Article I, Section 8, as belonging through the federal government?
Enumerated powers.
Which clause in Article I, Section 8, grants Congress the authority to pass all laws essential for carrying out its expressed duties?
The Necessary and Proper Clause (also known as the Elastic Clause).
How did the Supreme Court ruling in McCulloch\ v.\ Maryland influence federal power?
It affirmed that Congress possesses implied powers under the Necessary and Proper Clause to implement its enumerated powers, such as establishing a national bank.
The creation of the Internal Revenue Service is an application of which type of congressional power?
An implied power, derived from the enumerated power to lay and collect taxes.
Which clause has been used most extensively by Congress to expand its regulatory reach into areas like civil rights and environmental protection?
The Commerce Clause, which allows for the regulation of interstate and international commerce.
What constitutional mandate governs the origin of all legislation relating to the raising of revenue?
The Origination Clause, which requires all revenue bills to begin in the House of Representatives.
Under what constitutional authority did Congress pass the Americans with Disabilities Act?
The Commerce Clause, by regulating the practices of entities participating in interstate commerce.
What specific enumerated authority does Congress hold regarding the national currency?
The power to coin money and regulate the value thereof.
Where are the specific legislative authorities of the federal government found within the Constitution?
Article\ I,\ Section\ 8.
Why is the Necessary and Proper Clause frequently the subject of constitutional debate regarding federalism?
Because it allows for the expansion of federal authority through implied powers that are not explicitly detailed in the text.