Civics: Chapter 11
The Constitution places four limits on Congress's power to tax: (1) Congress may tax only for _____ purposes, not for ______ benefit (2) Congress may not tax _____ (3) _____ taxes must be apportioned among the States, according to their populations (4) ______ taxes must be levied at a uniform rate in all parts of the country
(1) Public; private (2) exports (3) direct (4) indirect
The Constitution places four limits on Congress's use of the commerce power: (1) Congress cannot tax ______ (2) Congress cannot favor the _____ of one state over those of any other in the regulation of trade (3) Congress cannot require that ______ bound to, or from, one state, be obliged to enter, clear or pay duties in another (4) Congress could not interfere with the _____ (through 1808)
(1) exports (2) ports (3) vessels (4) slave trade
The commerce power is granted in the ______ Clause of the Constitution
Commerce
In certain circumstances, the constitution gives _____ special electoral duties.
Congress
The Constitution gives ____ the power: "To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States..." in Article ____, Section ____, Clause _____.
Congress; 1; 8; 1
Clause 9 - to create ______ inferior to the Supreme Court - peacetime or war time?
Courts Peacetime
_____ is the practice of spending more money than received in revenue and borrowing to make up the difference
Deficit financing
Clause 17 - to exercise exclusive jurisdiction over the _______ and other federal properties - peacetime or war time?
District of Columbia Peacetime
Principle or fundamental policy
Doctrine
name given to the Necessary and Proper clause (Article 1, Section 8, Clause 18) because it has been stretched so far and made to cover so much over the years
Elastic clause
To establish naturalization law - Expressed or implied?
Expressed
To establish post offices - Expressed or implied?
Expressed
To lay and collect taxes - Expressed or implied?
Expressed
To raise armies and a navy - Expressed or implied?
Expressed
to regulate commerce - Expressed or implied?
Expressed
To draft Americans into the military - Expressed or implied?
Implied
To regulate and limit immigration - Expressed or implied?
Implied
to establish a minimum wage, to ban discrimination in workplaces and public facilities, to pass laws protecting the disabled, to regulate banking - Expressed or implied?
Implied
to prohibit mail fraud and obstruction of the mails, to bar the shipping of certain items through the mails - Expressed or implied?
Implied
to punish tax evaders, to regulate (license) the sale of some commodities (such as alcohol) and outlaw the use of others (such as narcotics), to require states to meet certain conditions to qualify for federal funding - Expressed or implied?
Implied
What are examples of a direct tax?
Income tax or property tax
Chief Justice _____ ruled in favor of the second bank, giving sweeping approval to the concept of _____
John Marshall; implied powers
Clause 14 - to make laws governing ____ and _____ - peacetime or war time?
Land and naval forces War time
_____ is any kind of money that a creditor must by law accept in payment for debts
Legal tender
Who favored a liberal interpretation of the Constitution, a broad interpretation of the powers given to Congress?
Liberal Constructionists
Congress CANNOT: _____ (7)
1. create a national public school system 2. require people to vote 3. require people to attend church 4. set a minimum age for marriage of driver's license 5. abolish jury trials 6. confiscate all guns 7. censor the content of newspaper columns, or tv or radio broadcasts
Congress may choose to conduct investigations through its standing committees for several reasons: 1. To gather _____ useful to congress in the making of some _____ 2. To oversee the _____ of various executive branch agencies 3. To focus ______ on a particular subject 4. To expose the questionable ______ of public officials or private persons 5. To promote the particular _____ of some members of congress
1. information; legislation 2. operations 3. Public attention 4. activities 5. interests
Only ____ of over 600 cabinet appointments to date have been declined.
12
For works created after Jan. 1, 1978, copyrights last for _____ years after the death of the author
70
Who led the Liberal Constructionists?
Alexander Hamilton
Congress also has the power to restrict the use of ______ in combat in areas where a state of war does not exist (War Powers Resolution of 1973)
American forces
Assign to a particular use
Appropriate
Clause 12 - to raise and support ______ - peacetime or war time?
Armies War time
_____ is the legal preceding in which the bankrupt person's assets are distributed among those to who, debt is owed
Bankruptcy
_____ is the process by which citizens of one country become citizens of another
Naturalization
Clause 13 - to provide and maintain a _____ - peacetime or war time?
Navy War time
Clause 18 - to make all laws ____ and ____ to the execution of any of the other Expressed Powers - peacetime or war time?
Necessary and Proper Peacetime
The _______ gives to Congress the power: "To make all laws 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." (Article I, Section 8, Clause 18)
Necessary and Proper Clause
Clause 8 - to grant _____ and ______ - peacetime or war time?
Patents and copyrights Peacetime
Clause 7 - to establish ______ - peacetime or war time?
Post offices Peacetime
The _____ Power - Article I, Section 8, Clause 7 says that congress has the power "to establish _____ and _____"
Postal; post offices; post roads
If no candidate for Vice President receives a majority in the electoral college, the _____ decides the election.
Senate
"_____" is the practice in which the senate will turn down an appointment if it is opposed by a senator of the presidents party from the state involved.
Senatorial Courtesy
Who argues that congress should be able to exercise (1) its expressed powers and (2) those implied powers absolutely necessary to carry out those expressed powers?
Strict Constructionists
Senator also may be considering the President's nomination of a new ______, or a new member of his ______
Supreme Court justice; cabinet
Congress may create all of the federal courts below the _____ and structure the _____
Supreme Court; federal judiciary
found not guilty
acquit
The formation of the _____ of the United States spawned controversy between ____ and ____ constructionists
bank; strict and liberal
Article 1, Section 8, Clause 4 gives Congress the power "to establish...uniform laws on the subject of _____ throughout the United States"
bankruptcies
Who led the Strict Constructionists?
Thomas Jefferson
Article ____ gives congress the power to propose amendments by a ____ vote in each house.
V; 2/3
Congress's _____ Powers are extensive and substantial, including: the power to raise and support _____, to provide and maintain a _____, and to organize, arm, and discipline the ____
War; armies; navy; military
formal condemnation of behavior
censure
Article 1, Section 8, Clause 5 gives Congress the power "to _____ and regulate the ____ thereof"
coin money; value
Clause 3 - to regulate foreign and interstate ____ - peacetime or war time?
commerce Peacetime
the power of congress to regulate interstate and foreign trade
commerce power
a general agreement
consensus
A ____ is the exclusive right of an author to reproduce, publish, and sell his or her creative work
copyright
Clause 6 - to punish ______ of federal money and securities - peacetime or war time?
counterfeiters Peacetime
6 steps to impeachment (sixth) 6. The senate _____ the articles, publicly or privately. The senate can vote to drop the case, _____ (publicly condemn) or convict. ____ vote is needed for conviction. If convicted, the official is removed from office.
debates; censure; 2/3
These limits mean that Congress has only those powers _____ (granted) to it by the ______.
delegated; Constitution
a _____ tax is paid by the person on whom it is imposed.
direct
One way of acquiring property is through _____, the inherent power to take private property for public use
eminent domain
The constitution grants congress the power of removing the president, Vice President, or other civil officers from their office through ______.
impeachment
bring charges against the individual
impeachment
The ______ powers are granted by reasonable deduction from the expressed powers.
implied
to establish the federal reserve system of banks - Expressed or implied?
implied
In reality, Congress operates under some very real limits: 1. The government of the U.S. is a ______ government 2. The U.S. system of government is in _____ form
limited; federal
Clause 15 - to provide for summoning the _____ to execute federal laws, suppress uprisings, and repel invasions - peacetime or war time?
militia War time
Clause 16 - to provide for organizing, arming, and discipline the _____ and governing it when in the service of the ____ - peacetime or war time?
militia; union War time
Clause 2 - to borrow ____ - peacetime or war time?
money peacetime
Article 1, Section 8, Clause 2 gives Congress the power "to borrow _____ on the _____ of the United States"
money; credit
Clause 5 - to coin _____ and regulate its _____; to regulate _____ and _____ - peacetime or war time?
money; value; weights and measures peacetime
Clause 4 - to create ______ laws; to create ______ laws - peacetime or war time?
naturalization; bankruptcy Peacetime
A ____ grants a person the sole right to manufacture, use, or sell "any new and useful art, machine, manufacture, or composition of matter"
patent
lying under oath
prejury
The _____ is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money
public debt
What are examples of an indirect tax?
sales tax; federal tax on cigarettes, alcohol, gasoline
Clause 10 - to define and punish crimes at ____ and _____ of international law - peacetime or war time?
sea; violators Peacetime
In McCulloch v. Maryland, 1819, the formation of the _____ of the United States was challenged by _____ constructionists
second bank; strict
Congress has the inherent power to act on matters affecting the _____ of the nation
security
6 steps to impeachment (fourth) 4. The _____ tries the case. If the president is to be tried, the ______ presides. Selected house members act as ______ (prosecutors).
senate; Supreme Court Chief Justice; managers
All major appointments made by the president must be confirmed by the _____ by _____ vote.
senate; majority
legal order directing one to appear in court and/ or to produce certain evidence
subpoena
Also, if the vice presidency is vacated, the president selects a _____.
successor
____ faces congressional approval by a majority vote in both houses.
successor
a replacement, someone to fill the vacancy
successor
A ___ is a charge levied by government on persons or property to meet public needs
tax
Clause 1 - to establish and collect _____, _____ and _____ - peacetime or war time?
taxes, duties and excises peacetime
6 steps to impeachment (fifth) 5. Senators hear ____ and _____. House prosecutors and lawyers for both sides present their cases. _____ may be called.
testimony and evidence; witnesses
The president makes _____ "by and with the adduce and consent of the senate.... Provided 2/3 of the senators present concur."
treaties
A day in either chamber of Congress might suggest that the powers of Congress are _____.
unlimited
For patents: A _____ patent is granted for 20 Years (periodic fees apply) A ______ patent is granted for 14 Years A ______ lasts as long as it is used in commerce and defended against infringement
utility; design; trademark
6 steps to impeachment (third) 3. The house _____ on each article. Simple ______ vote is needed for impeachment. The house then sends articles of impeachment to the ____.
votes; majority; senate
Clause 11 - to declare ____; to make laws regarding captures on ____ and _____ - peacetime or war time?
war; land and water War time
Congress has the power to "fix the standard of _____ and ______" throughout the United States
weights and measures
Presently, the president often consults members of the senate _____ _____ committee.
foreign relations
6 steps to impeachment (first) 1. The house ______ committee debates charges and votes on whether to send articles of impeachment to the _____ (simple majority vote needed).
judiciary; full house
If no candidate for president received a majority in the electoral college, the _____ decides the election.
House
The ____ has the sole power to impeach.
House
6 steps to impeachment (second) 2. The _____ considers the charges. It can _____ witnesses and evidence. It can also hear debates and arguments.
House; subpoena
The _____ powers are granted to Congress explicitly in the Constitution .
expressed
to borrow money - Expressed or implied?
expressed
The Constitution grants Congress a number of specific powers in what three different ways?
expressed powers implied powers inherent powers
The Senate may be debating aid to a _______ or _______.
famine-stricken country in Africa; veterans benefits
Congress has the power to acquire, manage, and dispose of various _____
federal areas
Congress may also define _____ and set _____ for violations of federal law
federal crimes; punishments
an _____ tax is one first paid by one person but then passed on to another.
indirect
The ______ powers are granted through the Constitution's creation of a National Government for the United States.
inherent
In the House, bills dealing with any of the following might be considered: _______, _______, _______
inheritance and gift tax rates, space exploration, grazing on public lands