Presentation on theme: "The Powers of Congress--Terms"— Presentation transcript:
1The Powers of Congress--Terms CH 11, ppThe Powers of Congress--Terms
2Strict constructionist 291 Believes that Congress should have only the power EXPRESSED in the Constitution, andImplied powers necessary to carry out the expressed powers.States should have as much power as possible.
3Liberal constructionist 291 believes that the powers of Congress are broad, beyond those expressed and implied.History has shown more Americans think this way.
4Consensus292 general agreement in a group, based on group attitude/discussion, not a vote.
5taxesDirect tax296 must be paid directly by the person on whom the tax is imposed.Income taxProperty tax
6Indirect tax 296 paid first by one person, then passed on to another. Liquor taxCigarette taxSales tax
7Public debt296 all the money borrowed by the Federal government over many years and not repaid.2006: $8.5 Trillion2010: $9 TrillionU.S. GDP, 2009: $14 Trillion
8Deficit financing296 The government routinely spends more money than it collects in taxes.It borrows what it needsBondsFrom various government annuity accountsSocial security
9Commerce power297 The ability of Congress to regulate interstate and foreign tradeAllows for business to be done more efficiently and profitablyAllows for the government to be sure business is fair and safe for Americans.
10Legal tender299 any kind of money that a creditor must by law accept in payment for debts.First created in 1863
11Naturalization302 process by which an immigrant becomes a citizen of the United States.Congress sets the regulations for this process.
12CopyrightGovernment awarded right to the original author of an idea (creative work).Registered with the Copyright Office in the Library of Congress.People wanting to use a copyrighted idea must get exclusive permission from the author or his/her legal representativesStill, there IS “Public Domain”, aka “fair use”
13Patent303 A person or business has the only right to manufacture, use, or sell “any new and useful art, machine, manufacture, or composition of matter”.Good for 20 yearsExtended only by an act of CongressHandled by the Patent and Trademark Office, Department of Commerce.
14Eminent domain A government may take private property for public use. Not an expressed or implied power
15AppropriateA legislature decides where government funds will be assigned/awardedOften for a particular useOften by government departments and agencies
16Necessary and Proper Clause 2/6 The express part of the Constitution that allows Congress to create laws as needed, though not expressly listed.Aka: “elastic clause”Which kind of constructionist would not like this clause?Strict constructionist.
17Successor 311 A replacement, someone to fill the vacancy. Replacement Vice President is subject to a majority vote in both houses.
18Impeach 311 to accuse and bring charges. House alone has the power to impeachThe presidentVice presidentAny civil officer of the United StatesSenate tries and judges the caseThe Chief Justice of the Supreme Court presides over the hearings.
19Acquit 311 to be found “NOT guilty.” Both impeached presidents were acquitted…..Andrew Johnson, 1868Bill Clinton, 1998
20Perjury 311 lying under legal oath. Bill Clinton’s impeachment was based on this.CensureA formal condemnation of a person’s misbehavior.Bill Clinton was censured for his lies.
21Subpoena 313 a legal order telling someone to appear at court and/or produce certain evidenceRichard Nixon ignored a Congressional subpoena…..
23ConceptsWhat are the differences among Congress’ expressed powers, implied powers and inherent powers?Expressed are written out clearlyImplied can be reasonably deduced from the expressed powersInherent have traditionally been done without any challenges.
24What are three examples you can give of laws that Congress can enact under the Constitution? Protect interstate tradeProvide for the national defenseApprove nomination of justices
25What are three examples you can give of laws that Congress cannot enact under the Constitution? Create a national public school systemSet minimum ages for marriage or drivers’ licensesUse censorship
26What does this sentence mean? “historically, there has been a consensus in this country with regard to a broad rather than a narrow construction of the Constitution”Americans generally agree that the Constitution should be interpreted broadly.
27What three factors brought about the recent return to deficit spending at the federal level? Recession in 2001,Major tax cuts in 2001, 2002, and 2003Global war on terrorism
28What are three ways Congress uses the commerce power? Regulating commerce with foreign powers and between statesPreventing monopolies and trustsPreventing discrimination in access to public places
29Why did the framers give Congress the sole power to coin money? Other sources of money had no sound backing or taxing powerCompetition between state and private currencies made value unreliableTo avoid the use of foreign currency
30How do the President and Congress share power in the fields of foreign relations and defense? Foreign relations: president has primary responsibility, but Congress has expressed and inherent powersDefense: The President is Commander-in-chief of the military, but only Congress can declare war, maintain armies and navies, and make various rules pertaining to the military.
31In theory, the expressed-powers limit would not be effective. Merely requiring that the implied powers be based on the expressed powers does not effectively limit their use. Why do you agree or disagree with this statement?In theory, the expressed-powers limit would not be effective.Logical arguments could connect expressed power to the use of almost any imaginable implied power.In practice, there are controls on how far we can go in the implied powers,public opinion,representative democracy,the separation of powers,the system of checks and balances.
32broke the steamboat monopolies What impact did the Gibbons v. Ogden decision have on domestic transportation systems?This decisionbroke the steamboat monopoliesand freed entrepreneurs from state regulations insteam navigationlater, railroad systems—As a result, domestic transportation was revolutionized.
33Powers EW Images, 291, question Left: Government building is gigantic Citizen is in awe, maybe intimidated by it.Right:Government building is tinyCitizen looks as if he is telling it what to do
34That if the government gets too small, it becomes ineffectual Powers EWImages, 292, questionsThat if the government gets too small, it becomes ineffectualThe fact that the tree has no branches on which flowers and apples can grow help make this point.
356 O’clock Images, 295, questions national defense spending decreased, health and medical spending increasedspending on net interest decreased, several other areas remained the same, only health and medical spending increased significantly
36Images, 296, question Not very successful 6 There are still many forms and instructions taxpayers might have to use.complicated tables to refer to
3712 Images, 297, question There would have been less competition Higher feesFewer inventionsFewer changesSlower expansion of the national transportation system
38environmental protection laws 12Images, 298, questionAllows power to passenvironmental protection lawsprohibition of discrimination laws—race, disability
396 Images, 299, question Successful currency has always had public confidencealways been seen as useful by the publicImages, 300, questionThe overall trend has been a steady increaseWith two brief periods of decline
4012Images, 302, questionSuch powers—critical to the stability of the nation—were seen as falling in the domain of the Congress
4112 Images, 303, questions a utility patent a web site that provides links to other merchants is not a new original idea
426Images, 304, questionsNevada, Arizona, and UtahAnswers will vary
4312 Images, 305, questions the Federalists, a strong central government that it is strong and has popular supportFederalist
446 Images, 306-7, questions The Necessary and Proper Clause; It is broad and nonspecific, Congress has been able to expand the powers of its own and other branches.The Court decided that Congress had overstepped it commerce powerAlso that Congress had invaded the reserved powers of the states.
456Images, 308, questionSuch powers are necessary for Congress to carry out its expressed powers
46WE Images, 314, question Oversee executive agencies Rouse public attentionThey gather legislative informationExpose questionable activities of public officialsPromote congressional interests
47WEImages, 317, questions35to indicate that they are entertaining, but may or may not workit was not acted onthat the tax cuts considered by Congress are not consequential
486Images, 312, questions +why did Richard Nixon resign in 1974 rather than face impeachment?a majority of members is required to start the process, secure impeachment, and convictwitnesses are heard and evidence presented as in a regular trialdebate is present at every level of the processin both cases, conviction did not have the support of the majority of participants.The evidence and testimony against Nixon was so condemning that he would surely have been removed from office.
496Images, 312, questions +why did Richard Nixon resign in 1974 rather than face impeachment?The evidence and testimony against Nixon was so condemning that he would surely have been removed from office.Tape: placing critics in media and elsewhere on a list to look for tax problems/possible prosecutionTape: Misleading FBI investigation by telling them it is a CIA operation. FBI would then stop investigation (which is getting close to blowing the White House operation wide open).