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Powers of Congress
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23
Other
12th Grade
01/20/2010

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Term
Expressed
Definition
Stated in the Constitution
Term
Implied
Definition
Reasonably deduced from the expressed powers
Term
Inherent
Definition
granted by the creation of a National Government.
Term
The Power to Tax
Definition
1. Under the Articles of Confederation, Congress didn't have the power to tax, just request funds from states.
2. Tax-charge collected by government on a person or property to meet public needs.
Term
Limits on Taxation:
Definition
-tax only for public purposes
-may not tax exports
-direct taxes must be allocated among stat according to their populations
-indirect taxes must be collected at a uniform rate
Term
The Borrowing Power:
Definition
-Congress may borrow an unlimited amount of money for any purpose
-interest on the money borrowed cannot be taxed so investors like to have the government borrow from them
-this led to a large public debt and the passage of the Balanced Budget Act of 1997
-War on Terror and Iraq brought US back to a national debt.
Term
The Commerce Power:
Definition
-Power of Congress to regulate interstate and foreign trade.
*Not given under the Articles.
*Most responsible for building a strong united nation.
-Gibbons v Ogden (1824) broadened the scope of the Commerce Clause to include any interaction between states.
Term
The Currency Power:
Definition
-Power to coin money and regulate the value of it.
-paper currency was not created until 1861. Greenbacks.
Term
The Bankruptcy Power:
Definition
-power to establish uniform laws on the subject of bankruptcies in the US.
-bankrupt: an individual, company, or organization a court has found unable to pay debts.
- the assets are distributed to those owed $.
Term
War Powers:
Definition
-declare war
-raise and support armies
-provide and maintain navy
-make laws governing land and naval forces
-call forth a militia and then maintaining the militia
-congress does share power with President on matters of war and national defense.
Term
Naturalization:
Definition
-to establish a uniform process of becoming a citizen.
-there are over 9 mill naturalized citizens in the US
Term
Postal Power:
Definition
-power to establish post offices and post roads.
-created many crimes based on this power.
-states can't interfere with the mail, its strictly a federal operation.
Term
Copyrights and Patents
Definition
-power to grant patents and copyrights is restricted to congress.
Term
Weights and Measures
Definition
-power to create a standard of weights and measurements throughout the US
-due to the need for accurate and uniform measures of time, distance, speed.
-Use English system.
Term
Territories and other areas
Definition
-power to acquire, manage, and dispose of various federal areas
-D.C., Puerto Rico, Guam.
-May get new land through purchase, gift, or eminent domain.
-the power to take private property for public use.
Term
Judicial Powers
Definition
-creat all of the federal courts
-define federal crimes
-set punishment for violation of federal law.
Term
Implied Powerss
Definition
-constitutional basis is found in the Necessary and Proper Clause
-make all laws which shall be necessary and proper for carrying out the expressed powers.
-Also called the Elastic Clause.
-McCulloch v Maryland.
-1st test of these powers.
Term
National Bank was formed through __ powers of tazing, borrowing, commerce and coining.
Definition
expressed.
Term
Non-legislative powers:
Definition
Constitutional Amendments.
-the power to propose amendments by 2/3 votes in each house.
Term
Electoral Duties
Definition
-House decides the Pres if no candidate had a majority
-Senate decides the VP
-Congress must confirm presidential appointment for VP successor.
Term
Impeachment
Definition
-House can charge an official with impeachment.
-Senate serves as the court and judge for impeachment trials.
-17 impeachments and only 7 convictions.
~Johnson and Clinton were both acquitted.
Term
Executive Powers
Definition
-Appointments all made by the president must be confirmed by senate majority
Treaties: pres must have consent of the Senate to sign a treaty.
Term
Investigatory power
Definition
-through committees congress may investigate for many reasons: gather info, focus public attention, oversee other agencies, expose questionable activities.
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