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Government Test 7
| Question | Answer |
|---|---|
| Define expressed powers. | The powers explicitly granted to Congress by the Constitution. |
| Define implied powers. | The powers assumed by the government that are not specifically listed in the Constitution. |
| Define strict constructionists. | A particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law. |
| Define liberal constructionists. | Liberal constructionists believe that when interpreting the Constitution meaning and intent should be inferred based on consideration of the document as a whole. |
| Define direct tax. | A tax an individual pays directly to the government. |
| Define indirect tax. | A tax levied on one person but passed on to another for payment to the government. |
| Define commerce power. | The power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". |
| Define legal tender. | Coins or banknotes that must be accepted if offered in payment of a debt. |
| Define bankruptcy. | A legal process by which persons who cannot pay money they owe others can receive court protection and assistance in settling their financial problems. |
| Define copyright. | The exclusive legal right, given to an originator or an assignee to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same. |
| Define patent. | A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention. |
| Define senatorial courtesy. | The tradition that a senator from the same state as a nominee to a federal district court and the same political party as the president can block a nomination for virtually any reason. |
| Define naturalization. | The legal process by which an immigrant becomes a citizen. |
| Define necessary and proper clause. | Article I, Section 8, Clause 18, of the Constitution, which gives the national legislature the power to “make all laws that are necessary and proper” to exercise the powers granted by the Constitution; also known as the “elastic clause”. |
| Define impeach. | The process of charging officials in the executive and judicial branches with wrongdoing and bringing them to trial. |
| Define ex post facto law. | Laws that criminalize an action that took place in the past and that was legal at that time. |
| Define bill of attainder. | A law that punishes a person without trial. |
| Define writ of habeus corpus. | An order by a higher court seeking review of a lower court case. |
| Define previous. | Something that happened or existed before the current one. |
| What are Congress's approved powers given? | 1.) Power to tax. 2.) Power to borrow. 3.) Commerce power. 4.) War powers. 5.) Other powers. |
| What are Congress's approved powers given? (Power to tax) | -Direct (income, property) or Indirect (sales). -Protective tariff - protect domestic industry against foreign competition by increasing the cost of foreign goods. -May not tax. |
| What are Congress's approved powers given? (Power to borrow) | -Congress borrows to finance projects that cannot be paid for out of current revenues. -National debt - approx. $23.1 trillion. |
| What are Congress's approved powers given? ( Commerce power) | -Regulate interstate and foreign trade. -Most of the implied powers come from this expressed power. |
| What are Congress's approved powers given? (War powers) | -Declare war. -Raise and maintain an army and navy. -Make rules governing the land and naval forces. -Call for the militia. -Grant letters of marque and reprisal. |
| What are Congress's approved powers given? (Other powers) | -Naturalization: Process by which someone becomes a citizen. -Postal power: Establish post offices & post roads. -Copyrights (books, songs, paintings, slogans, etc) and patents (inventions). -Weights and measures. -Bankruptcy. -Coinage. -Oversight. |
| What are taxes? | A charge levied by government on persons or property to meet public needs. |
| What are the powers denied to Congress? | Pass ex post facto laws, pass bills of attainders, suspend writ of habeus corpus, tax exports, pass laws violating the Constitution, pass laws giving a state an unfair trade advantage, grant nobility, engage in spending that's not authorized by Congress. |
| What are Congress's special or implied powers? | 1.) Constitutional amendments. 2.) Electoral duties. 3.) Impeachment. 4.) Executive powers. 5.) Investigatory powers. |
| What are Congress's special or implied powers? (Constitutional amendments) | -Congress can propose amendments to the Constitution by 2/3 vote in each house. -Congress has proposed an amendment 33 times. -Congress can call a national convention to propose an amendment. |
| What are Congress's special or implied powers? (Electoral duties) | -House may elect the President if no candidate receives a majority of electoral votes. examples - Thomas Jefferson 1800 and John Quincy Adams 1824 -Senate may elect the Vice President example - Richard Johnson 1836 |
| What are Congress's special or implied powers? (Impeachment) | -House can bring charges against federal officials. -Senate conducts trials of those impeached. |
| What are Congress's special or implied powers? (Executive powers) | -Senate must confirm all major appointments made by the President. examples - cabinet members, federal judges, etc. -Senate must confirm all treaties made by the President. |
| What are Congress's special or implied powers? (Investigatory powers) | -Congress has the power to investigate matters related to its legislative powers. |
| When a Senate seat becomes vacant due to the retirement or death of a senator... | The Seventeenth Amendment calls for the governor of that senator’s state to appoint a replacement, provided the state’s legislature has given the governor the power to do so. |
| Who were popular leaders of the liberal and strict constructionists? | Liberal: Alexander Hamilton. Strict: Thomas Jefferson. |
| What expressed power helped push the implied powers? | Necessary and proper clause. |
| Early strict constructionists were known as... | Anti-Federalists. |
| What was the first major fight between the two differing constructionists? | Whether to open a national bank. -Maryland vs McCulloch later in the Supreme Court. |
| What was Jefferson's opinion on the national bank? | The Constitution didn't mention the right for Congress to create a bank so he believed it shouldn't be made. |
| What are some other examples of implied powers being used? Why? | Medicare and Social Security. -To promote the general welfare. |
| Committee Chairs are chosen by the... | Majority party. |
| True or false: Seniority is a factor in who becomes chair. | True. |
| House members can be in up to... | 2 standing committees and 4 subcommittees. |
| Who decides whether Congress's actions are necessary and proper? | The Supreme Court. |
| True or false: Both houses of Congress have the power to propose amendments. | True. |
| To propose an amendment, it requires... | 2/3 majority vote of both houses. |
| Do both houses of Congress have the power to investigate? | Yes. |
| Define subpoenas. | Legal documents that require a person to testify in a certain matter. |
| What is the process of impeachment? | 1.) House of Representatives vote to impeach an official. 2.) The Senate holds a trial. (2/3 vote needed) |
| Who has the power to choose a president if no candidate gets the majority of votes in the electoral college? | The House. |
| What two times have the House decided the president? | 1800 and 1824. |
| How did the old election work? Why did this change? | Most votes: President. Second place: Vice president. -Jefferson chose his running mate in 1800 |
| What is a conference committee? | Members are drawn from both houses of Congress to discuss and vote on an issue |
| Witness may appear in a committee meeting voluntarily, or... | A subpoena may be used to force them to come. |
| The chair can use his or her power in order to... | Help shape others views of the proposed bill. |
| A subcommittee must... | Submit a report with details on whether the committee should continue to support the bill. |
| A markup is... | A meeting of the full committee. Here, the committee hears any subcommittee reports, debates the bill further, and considers possible amendments to the bill. |
| After a markup is complete... | Committee members vote on how to report the bill to the full chamber. |
| Define discharge petition. | When a bill is forced out of a committee. |
| Who decides the members of the Rule Committee? What does this committee do? | The Speaker and the minority leader. -They govern how a bill can be debated or amended by the full House. |
| What kind of rules do the Rule Committee make? | -Open: Allow amendments to the bill. -Closed: Prevents amendments from being added to the bill. -Modified: Limits amendments to certain parts of the bill. -Time: Limits the amount of time spent on a debate for a bill. |
| Give a brief description of the McCulloch vs Maryland case. | Most states didn’t agree with the idea of Congress having the ability to open their own banks. Once Maryland had attempted to tax the new National Bank and failed, Maryland filed a lawsuit against the bank’s cashier, McCulloch. |
| What were the main points for McCulloch? | -Necessary and Proper Clause. -Commerce Clause. |
| What were the main points for Maryland? | -10th Amendment. Not given to Congress. |
| What were the major arguments made by strict constructionists? | The only powers given to Congress are the ones listed in the Constitution. Their main source of evidence is the 10th amendment, which states that any powers not given to the federal government need to be given to the states. |
| What were the major arguments made by liberal constructionists? | The liberal constructionists believed that not all powers are directly stated in the Constitution. Their main evidence was the necessary and proper clause which proved that they have the power to do what they need. |
| What role did McCulloch vs. Maryland play in the development of the concept of implied powers? | It helped set the standard for the following Supreme Court cases for implied powers. When the Supreme Court voted with McCulloch, it showed their approval of Congress should having the right to infer what the Constitution meant. |
| In McCulloch vs. Maryland, the US argued that its implied powers gave it authority to create a bank. Explain what expressed power could have been used as a basis for this. | -The necessary and proper clause could’ve helped promote McCulloch’s view as it’s considered “necessary” for the federal government to open a national bank. -The commerce clause since the bank was created and used across the states. |
| What purpose does copyright and patent powers serve? | Copyrights are used to prevent people, such as music artists, from copying and reselling another person's work, such as music. Patents help prevent stealing others' ideas, such as inventions. |
| Explain the difference between direct and indirect taxes. Give examples for each. | Direct taxes are paid from a citizen directly to the government. An example of a direct tax is the income tax. Indirect taxes are passed on from people, such as a large company, to another. An example of indirect tax is taxes on items such as clothing. |
Created by:
OliviaRoark
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