Magruder’s American Government
1st Edition
ISBN: 9780133306996
Textbook solutions
All Solutions
Section 4-3: The Expressed Powers
Exercise 1
Step 1
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The **American government** is based on** limited power**. Thus, the Constitution grants Congress certain powers with limitations as well. It is **through clauses** that the **federal government appointed Congress with specific capabilities**.
Step 2
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To start with stating that, Article I outlines that all the legislative power should be in a Congress.
Step 3
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There are numerous powers appointed to the legislative branch. There are three types of Congressional powers: **inherent**, **expressed**, and **implied** power.
Step 4
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The Congress also has commerce power, taxing power, spending power, property clause power, copyright power, and power to enforce protections of particular Amendments.
Step 5
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Furthermore, the **elastic clause** gives Congress the **right to pass any laws that are considered just and neccesary**. There are other clauses that give Congress legal power over specific political matters.
Exercise 2
Step 1
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The Commerce Clause states that the regulation of commerce with foreign nations and interstate trade is in the hands of Congress.
Step 2
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In **U.S. versus Lopez** (1990), the Supreme Court concluded that there is no connection between interstate commerce and guns. This means the federal Gun-Free School Zones Act was ruled not to be under the Constitution. The U.S. Congress crossed the level of authority in the commerce clause to regulate interstate commerce. This was a rare moment where the **Supreme Court ruled that Congress overstepped its authority**.
Step 3
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The **Gibbons versus Ogden** (1824) case is important because the Supreme Court decided that **Congress can control any type of commerce that crossed the state’s territory**. In other words, Congress had the power to administer navigation according to the commerce clause. Therefore, states can not take part in the regulation of commerce. This was a relevant moment for the federal power to be solidified and upheld.
Exercise 3
Step 1
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The Framers granted Congress powers of currency, borrowing, and bankruptcy to **create and preserve a balance between states** by having one central political body regulating questions of this given regard.
Step 2
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Without this economy would suffer due to poorly carried out actions of interstate commerce. Before the Congress had these powers, states would coin their own money, and the whole economy was on a downward spiral.
Step 3
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It is also an **essential part** of the national and state economy to flourish.
Result
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To achieve **integrity in and within the federation**. A possible outcome could be **poorly managed interstate commerce** and a **weak economy**.
Exercise 4
Solution 1
Solution 2
Step 1
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The **president usually takes the lead** in foreign affairs, war, and national defense as he is the head of the military forces. However, he is **dependent on Congress’s approval** of the funds and declaration of war.
Step 2
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The purpose of sharing these crucial powers is to limit the government’s entities and implement checks and balances. It adds **extra safety** to risky political questions concerning war and foreign affairs by having two political entities that are **dependent on making important decisions** regarding the given matter.
Step 3
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Regarding foreign affairs, the president has the power to make treaties that have to be approved by Congress. On the other hand, Congress can create particular legislations.
Step 4
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To conclude, the president has many powers and actions he can enroll, but with the approval of Congress.
Step 5
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Someone can argue that it is **unreasonable** that the **president can start a war without Congress’s declaration**. In that way, chances are higher that the president can bring the whole nation into an undesirable position.
Result
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There are many ways in which the President and Congress share power in the areas of foreign affairs, war, and national defense. While the President is the head of the armed services, it is Congress who must both declare war and provide the funding for any war efforts. However, for much of American history the President has been able to effectively conduct warfare through executive actions without a formal declaration of war.
In regard to foreign affairs, Congress has the power to create legislation regarding immigration. The President can make treaties with foreign countries, but the treaty must be approved by 2/3 of Senators. In Federalist 75 Alexander Hamilton wrote, “the operation of treaties as laws, plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.” (Federalist 75) While the President nominates ambassadors to foreign countries, it is the Senate who must confirm each nominee.
Although one can argue that the original division of power as stated in the Constitution is reasonable, the expansion of the President’s power to wage war without a formal declaration makes matters more complicated. War through executive action may weaken the powers of Congress and unbalance the division of power envisioned by the framers.
In regard to foreign affairs, Congress has the power to create legislation regarding immigration. The President can make treaties with foreign countries, but the treaty must be approved by 2/3 of Senators. In Federalist 75 Alexander Hamilton wrote, “the operation of treaties as laws, plead strongly for the participation of the whole or a portion of the legislative body in the office of making them.” (Federalist 75) While the President nominates ambassadors to foreign countries, it is the Senate who must confirm each nominee.
Although one can argue that the original division of power as stated in the Constitution is reasonable, the expansion of the President’s power to wage war without a formal declaration makes matters more complicated. War through executive action may weaken the powers of Congress and unbalance the division of power envisioned by the framers.
Exercise 5
Step 1
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The **Framers gave Congress** an exclusive power to **declare war** to **protect the nation as a fundamental reason**. As a single individual, when the president can declare war and be commander of the armed force, it would resemble dictatorial remarks. If the war could be declared and commanded by one person, it could bring the whole nation in danger due to the decision and interest of one individual.
Step 2
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Tension that usually arise from the topic of division of war powers is that the **president usually executes military actions without any consent of Congress**.
Result
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The Framers granted Congress an exclusive power to declare war because of **national interest**. The tension usually arises about the president’s carrying out military missions **without** asking **approval from Congress**.
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