1. Chapter 11 Gov. Notes

2. Congressional Powers Congress has only the powers delegated (granted, given) to it by the Constitution. Congress cannot create: a national school system set minimum age for marriage or drivers’ licenses abolish jury trials confiscate hand guns censor the content of newspaper columns or radio or TV

3. Congress does have power and the Constitution grants it in three different ways: 1.explicitly, in its specific wording – the expressed powers 2.by reasonable deduction from the expressed powers – implied powers 3.by creating a national government for the United States – the inherent powers

4. Thomas Jefferson strict constructionists – argued that Congress should be able to exercise only (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers. They wanted the states to keep as much power as possible.

5. Alexander Hamilton Liberal constructionists – favored a liberal interpretation of the Constitution, a broad construction of the powers given to Congress. Consensus – general agreement, we as Americans agree with the broader reading of the Constitution.

6. Expressed Powers

7. Tax Is a charge that is levied by the government on a person or property to meet public needs.

8. Direct Tax Is paid by the person on whom it is imposed. Example: Property Taxes.

9. Indirect Tax Is a tax that is first paid by one person and then is passed onto another.

10. Public Debt Is all of the money that the government has borrowed over the years and has yet to be repaid

11. Deficit Spending Is when the government spends more money in a fiscal year than it takes in on taxes or debts that are owed

12. Commerce Power Was the power of Congress to regulate interstate and foreign trade as it is vital to the nation

13. Gibbons v. Ogden This case involved the commerce clause The issue was state versus federal access of the waterways.

14. Legal Tender Is any kind of money that a creditor by law must accept in payment for debts

15. Bankruptcy Is the process by which people or businesses are unable to pay any of their debts, the little they have go towards debt leaving them with nothing

16. Naturalization The process by which citizens of one country become citizens of another county. A period of continuous residence and physical presence in the United States The ability to read, write and speak English Good moral character Knowledge of the principles of the U.S. Constitution Favorable disposition towards the United States Pass the United States Citizenship Test.

17. Copyright Is the exclusive right of an author to reproduce, publish, and sell his or her own creative work. Example: Napster violated copyright laws.

18. Patent Grants a person the sole right to manufacture, use, sell. A patent is good up to 20 years.

19. Eminent Domain Is the inherent power to take private property for public use. Example: Road Expansion

20. Implied Powers

21. Appropriates Assign a particular dollar amount for specific purposes. Example: $30 Billion dollars for Education

22. McCulloch v. Maryland Doctrine – a principle or fundamental policy

23. The Nonlegislative Powers

24. Necessary and Proper Clause Gives to Congress the expressed power “to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

25. Successor Is a replacement or someone to fill the vacancy, which is subject to a majority vote in both houses of Congress. Has been used twice, Ford in 1973 and Rockefeller in 1974.

26. Subpoena Is the legal order directing one to appear in court and or produce certain evidence.

27. Impeach To accuse, bring charges. The Senate has power to judge and sit in on impeachment cases.

28. Reasons to Impeach The United States Constitution states in Article II, Section 4: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."

29. History of Impeachment 1868- Andrew Johnson for his removal of Secretary of War Edwin Stanton in violation of the Tenure of Office Act. Tenure of Office Act- provided that all federal officials whose appointment required Senate confirmation could not be removed without the consent of the Senate. (Johnson vetoed the bill)

30. Richard Nixon 1974 against President Richard Nixon for the Watergate cover-up (106 years after Johnson). Watergate- break-in of a hotel in which illegal wiretaps, tax audits, were employed. Was pardoned by President Ford.

31. Bill Clinton 1998-99 against President Bill Clinton for concealing an extramarital affair (24 years after Nixon). The 1 st charge was perjury, lying under oath. The 2 nd charge was obstruction of justice, he with held information.

33. Process Of Impeachment The Process of Impeachment Step 1 At least one member of the House of Representatives has to make a formal request to investigate the charges against the president. In President Bill Clinton’s case, 11 charges have been raised so far that could justify impeachment. These charges are: perjury, obstruction of justice, witness tampering and abuse of power. Step 2 A committee consisting of members of the House of Representatives is formed which holds public hearings on the charges and determines if the accusations justify impeachment or not. This happens by majority vote. If the vote results in "yes", the process continues with:

34. Step 3 The complete House of Representatives votes on the issue. This vote is also done by majority rule. In case of "yes", the process continues with: Step 4 Now the actual impeachment trial starts, with the Senate functioning as jury and the head of the Supreme Court acting as judge. Step 5 The Senate holds a public hearing on the issue. Step 6 In secret vote, the Senate votes if the president is "guilty" or "not guilty". A guilty verdict requires a 2/3 majority. Step 7 If President is removed from office, his vice-president will become president. If he is incapacitated, the Speaker of the House will become president. In case he is also incapacitated, the head of the Supreme Court will be put to office.

35. Acquit Is when people are found not guilty after they are impeached. Andrew Johnson was acquitted by one vote. Nixon Resigned before the trial. Clinton was also acquitted.