Magruder's American Government
Magruder’s American Government
1st Edition
Savvas Learning Co
ISBN: 9780133306996
Textbook solutions

All Solutions

Section 4-4: The Implied and Nonlegislative Powers

Exercise 1
Step 1
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Strict constructionists state that the only time it is necessary to condone implied powers is when the expressed powers must be carried out. This suggests that the implied powers are in a state of hibernation. They are used only when necessary. In this way, they want to uphold the idea of the states holding as much power as possible.
Step 2
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Liberal constructionists state that Congress’s power is justified by the Necessary and Proper Clause in any matter that connects with the execution of its expressed powers.
Result
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They differ views about **how Congress uses its implied and expressive powers**.
Exercise 2
Step 1
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The significance of McCulloch versus Maryland (1819) is that the Supreme Court ruled Congress can use constitutional power to build a national bank. It was also stated that **states could not tax a federal bank**.
Result
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The decision of the Supreme Court that states not allowed to tax federal banks.
Exercise 3
Step 1
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Through the following non legislative ways Congress implies the system of checks and balances: the power to investigate, impeachment, executive powers, and the ability to amend the Constitution..
Step 2
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The **power to investigate** is one of the essential functions of Congress, and committees are appointed to do so. This means that the governmental entities can investigate and enforce the revelation of information that is for the purpose of the investigation. This implies checks and balances because Congress can investigate and then point to fix possible political violations.
Step 3
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The Congress holds **executive powers** that allow it to confirm major appointments to the office of the president. And the authority to approve or disapprove of treaties the president makes with other countries. Furthermore, Congress is legally allowed to **amend the Constitution** if the correction is needed.
Step 4
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Congress has the power to **impeach** the president and vice president if they commit a high crime or act in misdemeanors.
Result
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Congress upholds principles of checks and balances through the **right to impeach, power to investigate, specific executive powers, and the ability to amend the Constitution**. See the steps for more explanation.
Exercise 4
Step 1
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**Necessary and Proper Clause** is the mission of the **government to pass all the necessary and just laws** to be further executed. It is what allows Congress to decide on the legislation of the powers and make laws. Its purpose is to uphold the fundamental principle of separation of powers by aiding the government to carry out its role correctly.
Step 2
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It has been called the **Elastic Clause** because it can be a **subjective point of view to define what is necessary and proper**. This is because Congress has been given the implied powers that the government is supposed to possess. It is also referred to as an elastic clause because it is used to increase Congress’s powers.
Exercise 5
Step 1
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The **Commerce Clause** allows the government **regulation of interstate commerce**, which in the long run, when properly regulated, benefits the nation’s economy. It has been defined in broad terms that still prove beneficial to the states; the Commerce Clause encloses every economic activity.
Result
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The Commerce Clause was defined and applied to the system of states, and it is beneficial to this day. It meets the needs today because its broad definition encompasses all economic activities.
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