Results for "implied powers"

Enumerated vs implied powers

Foundational Documents Flashcard Front: Federalist No. 10 Back: Argues for a large republic to control factions; pluralism prevents any one group from dominating. Flashcard Front: Brutus No. 1 Back: Anti-Federalist paper arguing against a strong central government; fears loss of liberty and state power. Flashcard Front: Federalist No. 51 Back: Separation of powers and checks and balances are necessary to prevent tyranny. ⸻ Key Supreme Court Cases Flashcard Front: Marbury v. Madison (1803) Back: Established judicial review—SCOTUS can strike down laws as unconstitutional. Flashcard Front: McCulloch v. Maryland (1819) Back: Affirmed federal supremacy and implied powers (Necessary & Proper Clause). Flashcard Front: United States v. Lopez (1995) Back: Limited Congress’s power under the Commerce Clause; federalism victory. Flashcard Front: Baker v. Carr (1961) Back: Opened the door to “one person, one vote” redistricting under the Equal Protection Clause. Flashcard Front: Citizens United v. FEC (2010) Back: Political spending by corporations and unions is protected speech under the First Amendment. ⸻ Key Concepts Flashcard Front: Separation of Powers Back: Division of government responsibilities into distinct branches to limit any one branch from exercising core functions of another. Flashcard Front: Checks and Balances Back: System allowing each branch to amend or veto acts of another branch to prevent overreach. Flashcard Front: Federalism Back: The division of power between federal and state governments. Flashcard Front: Participatory, Pluralist, and Elite Democracy Back: Models of democracy explaining different roles of citizens and groups in policymaking.

Congress Oversight Function Monitors and evaluates federal agencies, programs, and policies. • Ensures laws are implemented as intended. • Uses hearings, investigations, and reports as tools. • Seats in the House of Representatives • Shall Be Apportioned among the States based on population. • Minimum of one representative per state. • 100 Senators Represent the 50 States • Each state has two senators. • Serves six-year terms with staggered elections. • Inherent/Expressed/Implied Powers • Inherent: Powers essential to a sovereign nation (e.g., immigration control). • Expressed: Specifically listed in the Constitution (e.g., taxation). • Implied: Derived from the Elastic Clause (e.g., establishing the IRS). • Commerce Clause • Grants Congress power to regulate trade among states. • Basis for significant federal authority over economic activity. • 1st Amendment • Protects freedom of speech, religion, press, assembly, and petition. • Ensures separation of church and state. • Impeachment Rules • House of Representatives has the sole power to impeach. • Senate holds the trial and votes on conviction. • Requires a two-thirds majority in the Senate to convict. • Electoral College • Mechanism for electing the President and Vice President. • States allocate electors based on congressional representation. • Majority of electoral votes (270) needed to win. • Parliamentary Governments • Executive derives authority from the legislature. • Prime Minister is usually the leader of the majority party (less conflicts) • Federal Government • National government with powers divided among legislative, executive, and judicial branches. • Balances power between federal and state governments (federalism). • Legislative Power • Authority to make laws. • Vested in Congress (House of Representatives and Senate).

Chapter Review 1 - 3 Definitions Power/authority/legitimacy Government/Politics Policymaking wheel Pluralism/Elite Class Theory/Hyperpluralism Self-Government (Colonial Legislatures)/French-Indian War = Taxes Stamp Act Resistance to taxes Interaction with British Soldiers Massacre/Tea Party Declaration of Independence Bitter attack against the King, NOT Parliament Lockean Ideas Natural Rights Consent of the Governed = Representative Government = Popular Sovereignty (government rests with the people; made government legitimate) Limited Government Standing Laws Preservation of Property = principle purpose of government Right to Revolt Common Sense Revolution Conservative Revolution Articles of Confederation (1781 Power with the states Few powers outside maintaining an army and a navy (though not a standing Army Unanimous Consent to pass new laws 9/13 to Amend No power to tax No executive branch No judicial branch No power to regulate interstate and foreign commerce No common currency No uniform bankruptcy laws (Shay’s Rebellion) Changes in the States States adopted bills of rights, abolished religious qualifications for holding office and liberalized requirements for voting Farmers and Artisans (new middle class) taking over legislatures (especially in the North) Ideas of egalitarianism among white males driving force Economic Turmoil New middle class more sympathetic to debtors and were passing laws favoring debtors over creditors Shay’s Rebellion 1786 Series of attacks on courthouses Spread to other states Frightened economic elites Push for change = Constitutional Convention Constitutional Convention (May 1787) 55 elites Human Nature Men were selfish, out for money and power (Hobbes) Political Conflict Unequal distribution of property (wealth) Led to factions (interest groups/political parties) Government should check the effects of factions Purpose of Government Preservation of Property Nature of Government Power set against power so no one faction would overwhelm others Separation of powers and Checks and Balances (Montesquieu) Equality Issues Connecticut Compromise 3/5 Compromise Voting determined by states Economic Issues Beard Commerce/Slave Trade Compromise Coining $ Levy Taxes Borrow/Spend Uniform bankruptcy Laws Assumption of Debt Individual Rights Issues Prohibits suspension of the writ of habeas corpus No bills of attainder No ex post facto laws Prohibits religious qualifications for holding office Trial by jury Narrowly defines treason Madisonian Model Reconciling Majority Rule (those without property/wealth) with the protection of Minority Rights (wealthy) Majority rule is the most fundamental element of democratic theory Electoral System Visual Put as much government as possible beyond the power of the majority More democratic today 17th Amendment Electoral College mimics the popular vote in each state Separation of Powers/Checks and Balances Creating a federal system of government An additional check on the national government Set up a Republic, not a Democracy System based on consent of the governed in which representatives of the public exercise power Ratification Federalists v Anti-Federalists Federalist Papers Bill of Rights Barron v Baltimore Constitutional Change Federalism Two or more levels (national and state/local) of government, each with significant policymaking power No other practical choice in 1787 People were more loyal to States Compare with Unitary and Confederate Constitution guarantees states equal representation in the Senate (an example of federalism; Senators look after the interests of their state, rather than a district) National Supremacy Supremacy Clause Civil War Civil Rights Movement 10th States’ Rights Advocates An assertion that States have independent powers of their own, not a declaration that State powers are superior to those of the national government 11th Amendment Sovereign immunity McCulloch v Maryland Supremacy of the national government when acting in accordance with the Constitution Doctrine of Implied powers Necessary and Proper Clause aka elastic clause Regulation of food and drugs, interstate highways, clean up air and water, minimum wage, military draft Commerce Power Gibbons v Ogden NLRB v. Jones Wickard v Filburn US v Lopez and US v Morrison Printz v US and NFIB v. Sebelius Decentralizes politics (more access points to government) AND Decentralizes policies (Allows states to act as laboratories and to have different policies regarding the same issue) States’ Obligations to each other Full Faith and Credit Privileges and Immunities The more fundamental the right (owning property and police protection), the less likely it is that a state can discriminate against citizens of another state Saenz v Roe (1999) Privileges and immunities clause of the 14th amendment Extradition Intergovernmental Relations Shift from dual federalism (layer cake) to cooperative federalism (marble cake OR 50 marbled cakes) Cooperative Federalism Interstate highways Education Shared costs Shared administration Federal guidelines Strings (conditions) for receiving federal funds (raising the drinking age to 21) Devolution 1994 Congress Transferring of responsibility for policies from the federal government to state and local governments Repeal of federal speed limit laws More latitude in dealing with welfare policy Soon reversed course Found turning the federal government and restricting state power as a means to achieving policy objectives Health care and immigration Tea Party Movement Push for more devolution Fiscal Federalism Pattern of taxing, spending and providing grants in a federal system Grants Making Categorical Grants Project Formula Grants Block Grants 1996 Welfare Reform Act Mandates Requirements that direct state or local governments to provide Additional services under threat of penalties or as a condition of receipt of federal grants Medicaid NFIB v Sebelius ADA (1990) NCLB (2002) Place financial burdens on states Diversity in Policy Education funding Welfare Payments Discourages states from providing services Death Penalty

implied powers (PSERDERP)

1. Continuous body- legislative body, such as the U.S. Senate, that achieves stability by staggering the terms of its members to prevent more than a minority of seats from changing in a single election. 3. Special Session- Only the president can call one of these, emergency meeting of Congress 4. President Pro Tempore- presides over the senate when the VP is absent, handles the day to day business of the senate 5. Term- how long members of Congress hold office 6. Gerrymander- manipulate the boundaries of a district so as to favor one party 9. Quorum- minimum number of members needed to be present to make a vote valid 10. Bicameral- 2 house legislature 11. Unicameral- one house legislature 12. Expressed Powers- specifically named in the Constitution. They are sometimes called delegated powers or enumerated powers. 13. Hopper- Box used to introduce bills in the House of Representatives 14. Implied Powers- not been explicitly granted by the Constitution, given by the necessary and proper clause, needed to carry out the expressed powers 15. Impeachment- power of Congress, a way to bring charges against the president for any high crimes committed while in office , power held by House of Representatives 16. Reapportion- redistribute 17. Joint Committee- committee made up of members of both chambers of a bicameral legislature. 18. Standing Committee- permanent committees found in each chamber of Congress 19. Conference Committee- temporary joint committee created to iron out differences in bill from both chambers, come up with a compromise bill that both chambers will accept before it goes to the president Select Committee: A committee formed to conduct investigations on a specific topic. 20. compensation Eminent Domain- the right of a government to take private property for public use, with payment of 22. responsibility Separation of Powers- government is divided into branches, each with different powers and 24. Pocket Veto- If congress adjourns the session within 10 days of submitting the bill and the president does not act, the measure dies. 25. Veto- refusal to sign a bill 26. Cloture- limited debate , need a majority vote to set a limit on floor time in Senate 27. Copyright- law that gives the owner of a work (for example, a book, movie, picture, song or website) the right to say how other people can use it 28. Patent- gives an inventor the right to stop other people making or using their invention 21. Filibuster- an attempt to talk a bill to death, stalling tactic to attempt to delay or prevent Senate action on a measure 30. Formal Qualifications of a HOR: At least 25 years old, have been a citizen for at least 7 years, live in state from which they are running 31. There are 435 members in the HOR and that number is found after they reapportion after a Census MI has 13 reps 32. Formal Qualifications for Senators:2 senators from each state, at least 30, a citizen for 9 years, live in the state from which they are chosen 33. There are 100 Senators 34. Senate terms are 6 years, House is 2 years 42. The Vice President is the President of the Senate and their role is to preside over the Senate only on ceremonial occasions or when a tie-breaking vote may be needed The Speaker of the House is in charge in the House of Representatives What is the job of the president pro tempore? To fill in if the senate president (VP) is absent 36. Congressional Districts are drawn by State Legislators 37. How can Gerrymandering be used to the advantage of one political party? It can pack the opposing party voters into one area or spread them thinly so they won’t win 38. numbered year Congressional elections are the Tuesday after the first Monday in November of every even 40. Who screens the bills that may be made into laws? Congress/Committees in congress 41. Why are committees created? To divide the workload within Congress 44. What are the expressed powers of Congress? Power to declare war, tax, copyright/patent, naturalize citizens, create a post office, print money 45. What are the non legislative powers of Congress? Impeach, propose Constitutional amendments, investigate, elect president if electoral college tie 47. What is the Necessary and Proper Clause? Elastic clause, to do whatever is necessary and proper to carry out the expressed powers Why was it included in the Constitution? To make sure the expressed powers were carried out 49. Bill to law process Look at a flowchart! Introduced - sent to committee- if it survives, to the floor for debate- conference committee- president 50. Where do most bills “die”? Committee 51. What are the options for a president once they have received a bill passed by Congress? Sign it, veto it, set it aside for 10 days and then congress adjourns and is no longer in session so it automatically vetoes (also known as a pocket veto) 52. Congress can override a Presidential veto with ⅔ vote in both chambers 53. What are the rules of debate for the house? Senate? House: no one member can speak for more than 5 min Senate: they can filibuster. Filibuster can end with Cloture or a majority vote to discuss bill again 54. In what ways does Congress check the power of the other branches of government? - Judicial branch: congress can impeach judges and remove them - Executive branch: approve presidential nominations, override vetoes with majority vote 27th Amendment deals with Congressional Pay

1. Continuous body- legislative body, such as the U.S. Senate, that achieves stability by staggering the terms of its members to prevent more than a minority of seats from changing in a single election. 3. Special Session- Only the president can call one of these, emergency meeting of Congress 4. President Pro Tempore- presides over the senate when the VP is absent, handles the day to day business of the senate 5. Term- how long members of Congress hold office 6. Gerrymander- manipulate the boundaries of a district so as to favor one party 9. Quorum- minimum number of members needed to be present to make a vote valid 10. Bicameral- 2 house legislature 11. Unicameral- one house legislature 12. Expressed Powers- specifically named in the Constitution. They are sometimes called delegated powers or enumerated powers. 13. Hopper- Box used to introduce bills in the House of Representatives 14. Implied Powers- not been explicitly granted by the Constitution, given by the necessary and proper clause, needed to carry out the expressed powers 15. Impeachment- power of Congress, a way to bring charges against the president for any high crimes committed while in office , power held by House of Representatives 16. Reapportion- redistribute 17. Joint Committee- committee made up of members of both chambers of a bicameral legislature. 18. Standing Committee- permanent committees found in each chamber of Congress 19. Conference Committee- temporary joint committee created to iron out differences in bill from both chambers, come up with a compromise bill that both chambers will accept before it goes to the president Select Committee: A committee formed to conduct investigations on a specific topic. 20. Eminent Domain- the right of a government to take private property for public use, with payment of compensation 22. Separation of Powers- government is divided into branches, each with different powers and responsibility 24. Pocket Veto- If congress adjourns the session within 10 days of submitting the bill and the president does not act, the measure dies. 25. Veto- refusal to sign a bill 26. Cloture- limited debate , need a majority vote to set a limit on floor time in Senate 27. Copyright- law that gives the owner of a work (for example, a book, movie, picture, song or website) the right to say how other people can use it 28. Patent- gives an inventor the right to stop other people making or using their invention 21. Filibuster- an attempt to talk a bill to death, stalling tactic to attempt to delay or prevent Senate action on a measure 30. Formal Qualifications of a HOR: At least 25 years old, have been a citizen for at least 7 years, live in state from which they are running 31. There are 435 members in the HOR and that number is found after they reapportion after a Census MI has 13 reps 32. Formal Qualifications for Senators:2 senators from each state, at least 30, a citizen for 9 years, live in the state from which they are chosen 33. There are 100 Senators 34. Senate terms are 6 years, House is 2 years 42. The Vice President is the President of the Senate and their role is to preside over the Senate only on ceremonial occasions or when a tie-breaking vote may be needed The Speaker of the House is in charge in the House of Representatives What is the job of the president pro tempore? To fill in if the senate president (VP) is absent 36. Congressional Districts are drawn by State Legislators 37. How can Gerrymandering be used to the advantage of one political party? It can pack the opposing party voters into one area or spread them thinly so they won’t win 38. Congressional elections are the Tuesday after the first Monday in November of every even numbered year 40. Who screens the bills that may be made into laws? Congress/Committees in congress 41. Why are committees created? To divide the workload within Congress 44. What are the expressed powers of Congress? Power to declare war, tax, copyright/patent, naturalize citizens, create a post office, print money 45. What are the non legislative powers of Congress? Impeach, propose Constitutional amendments, investigate, elect president if electoral college tie 47. What is the Necessary and Proper Clause? Elastic clause, to do whatever is necessary and proper to carry out the expressed powers Why was it included in the Constitution? To make sure the expressed powers were carried out 49. Bill to law process Look at a flowchart! Introduced - sent to committee- if it survives, to the floor for debate- conference committee- president 50. Where do most bills “die”? Committee 51. What are the options for a president once they have received a bill passed by Congress? Sign it, veto it, set it aside for 10 days and then congress adjourns and is no longer in session so it automatically vetoes (also known as a pocket veto) 52. Congress can override a Presidential veto with ⅔ vote in both chambers 53. What are the rules of debate for the house? Senate? House: no one member can speak for more than 5 min Senate: they can filibuster. Filibuster can end with Cloture or a majority vote to discuss bill again 54. In what ways does Congress check the power of the other branches of government? - Judicial branch: congress can impeach judges and remove them - Executive branch: approve presidential nominations, override vetoes with majority vote 27th Amendment deals with Congressional Pay 55. The 27th Amendment Changes to Congressional pay must take effect after the next term of office for the representatives.

The implied powers of congress

enumerated/implied powers

1+2 Vocab AP Gt to limit the powers of the other branches in order to prevent abuse of power Republicanism the belief that government should be based on the consent of the people Bicameral 2 houses Elite Democracy A political system in which the privileged classes acquire the power to decide by a competition for the people's votes and have substantial freedom between elections to rule as they see fit. Federalism A system in which power is divided between the national and state governments Pluralist democracy citizen membership in groups is the key to political power Amendemant An official change is a legal document What are enumerated powers? Powers specifically given to Congress in the Constitution. What are examples of enumerated powers? Examples include the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war. Bill of attainder a law that punishes a person accused of a crime without a trial or a fair hearing in court Virginia Plan (large state plan) Representation based on population.(A strong national government with Legislative, judicial and executive branches. New Jersey Plan(Smaller states) Unicameral legislature with equal representation for all states. Necessary and Popular cause Authorized congress to make any laws require to carry out its powers. Politics Method of maintaining, managing, and gaining control of government (who gets what, when, and how) Implied powers Powers that allow Congress to carry out its functions that aren't specifically stated in the constitution. Ex post facto a law that makes an act criminal although the act was legal when it was committed 3/5 compromise the decision at the Constitutional convention to count slaves as 3/5 of a person for the purpose of deciding the population and determining how many seats each state would have in Congress Supremacy Clause Federal law is supreme over state law Government the ruling institution for a community(Society) consitutional republic Representatives are elected to serve in office Republic A form of government in which the people select representatives to govern them and make laws. Unalienable rights life, liberty, and the pursuit of happiness(Cannot be taken)

Enumerated vs Implied powers

Expressed & Implied Powers of Congress

The Government's Expressed and Implied Powers

Federalism Study Guide