Drayton Chapter 11

those delegated powers of the National Government that are spelled out clearly in the Constitution
expressed powers
those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution
implied powers
exclusive power of Congress to regulate interstate and foreign trade
commerce power
any kind of money that a creditor must, by law, accept in payment for debts
legal tender
find not guilty of a charge
to bring formal charges against a public official
the legal proceeding by which a bankrupt person’s assets are distributed among those to whom he or she owes debts
a charge levied by government on persons or property to meet public needs
issue a formal condemnation
an order for a person to appear and to produce documents or other requested materials
custom that the Senate will not approve a presidential appointment opposed by a majority-party senator from the State in which the appointee would serve
Senatorial Courtesy
the exclusive, legal right of a person to reproduce, publish, and sell his or her own literary, musical, or artistic creations
part of the United States that is not admitted as a State and has its own government
a license issued to an inventor granting the exclusive right to manufacture, use, or sell his or her invention for a limited period of time
power of a government to take private property for public use
eminent domain
the legal process by which citizens of one country become citizens of another
the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder
fair use
How is the term commerce now defined by Congress?
commerce is the buying and selling of goods and services, Congress is still defining commerce, it has also helped federal power increase
Congress uses its judicial powers in what way?
Congress uses it for checks and balances, creating federal courts, and to define federal crimes and set the punishments that must be imposed
Where has Congress found the authority to stop a tax on Internet sales?
in the Commerce Clause
Liberal Construction has led to what in the U.S.?
marked growth in national power
Where are most bankruptcy cases heard?
they are heard in court or with a court-appointed trustee
Examples of implied power dealing with expressed power to tax.
Implies: punish tax evaders, regulate some commodities (such as alcohol) and outlaw the use of others (such as narcotics), require states to meet certain conditions to qualify for federal funding
Congressional power explicitly stated in the Constitution.
the power to lay and collect taxes
If no candidate receives a majority of electoral votes for President what happens?
If no candidate receives a majority of Electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most Electoral votes. Each state delegation has one vote.
Executive powers of Senate are what?
The U.S. Senate possesses the power to both impeach a government official and approve any treaties made by the executive branch, provided the motion wins a vote with a two-thirds majority.
Differing opinion on strict and liberal constructionists.
Strict constructionists argue the Anti-Federalist position and insist that Congress should be able to exercise its expressed powers and only those implied powers found necessary. Liberal Constructionists argue the Federalist position wanting to adopt the full Constitution.
When can the Senate confirm or reject Presidential actions?
if there is a 2/3 vote
A major presidential appointment must be approved by whom?
The Necessary and Proper Clause.
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.
What is the power sharing arrangement between Congress and the President on the issues of war and national defense?
Congressional powers are the authority to declare, to define and ultimately end a war, Congress can force the President to bring forces out of Iraq and to use their power to stop the President. The Presidential Powers are to meet the needs of the military and the generals leading the troops in battle
telling a lie under oath
What should be the limit on the powers of Congress?
Limits on Congress. pass ex post facto laws, which outlaw acts after they have already been committed. pass bills of attainder, which punish individuals outside of the court system. suspend the writ of habeas corpus, a court order requiring the federal government to charge individuals arrested for crimes.
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