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Government
chapter 13
| Question | Answer |
|---|---|
| What was the position of the strict constructionists in the early years under the Constitution? | expressed powers and implied powers |
| What was the position of the liberal constructionists in the early years under the Constitution? | broad construction of powers given to congress |
| Which group's views prevailed? | liberal |
| What major factors have been largely responsible for the vast growth in the powers of the National Government since 1789? | national emergencies – war or economic crisis; technological advances – transportation or communication; government services – healthcare or education; |
| Where are the expressed powers of Congress set out in the Constitution? | Article I section 8 |
| What is the major purpose of the power to tax? | to finance the government |
| Are taxes ever imposed for any other purpose | protective tariffs and to protect public health and safety |
| What 4 specific limits does the Constitution place upon taxing protection | 1. public purpose 2. no taxes on imports 3. direct tax according to population 4. Indirect the same amount all over the country |
| what is a direct tax? | one that must be paid by the person on whom its imposed |
| what is an indirect tax? | first paid by one person then passed on to another |
| By what means does government most often borrow? | by selling bonds |
| Is there a legal limit to the amount of the public debt? | No legal limit |
| Why did the Constitution give Congress the power to grant copyrights and patents | copyright – to protect intellectual property; lasts the life of the author plus 50 years patent – exclusive rights on inventions and/or improvements; lasts 17 years |
| Why does the Constitution give Congress the exclusive power to regulate standards of weights and measures? | it reflects the need for accurate and uniform gauges of time, distance, area, weight, volume, etc throughout the country |
| What does the congressional power over territories and other areas include? How may the US acquire territory | power to acquire, manage, and dispose of various federal areas eminent domain, discovery, or war powers |
| what judicial powers does Congress have? | define federal crimes; impeach federal officials, create federal courts below the Supreme Court |
| with whom does Congress share authority in the field of foreign affairs? | President |
| What specific powers does congress have in the field of foreign affairs? | 1. national security 2. war powers 3. commerce powers |
| with whom does Congress share authority with in the field of war and national defense? | President |
| What expressed powers does Congress have in the field of war and national defense? | declare war, raise and support armies, provide and maintain a navy, make rules pertaining to governing the land and naval forces, and call out the National Guard |
| What is the War Powers Act of 1973 | Congress can restrict the use of military when the state of war does not exist; Nixon vetoed it, but Congress overrode the veto; Vietnam War |
| Why is the Necessary and Proper Clause also called the Elastic Clause? | bases for the implied powers |
| what is the doctrine of implied powers | Congress can do anything that might reasonably be implied by the expressed powers |
| McCulloch v. Maryland | McCulloch – bank's cashier, issued notes on which no tax was paid; the US appealed to the Supreme Court; result – the broad powers granted to Congress became firmly fixed in the Constitution |
| If the electoral college fails to elect a president, who then makes the choice? | House of Representatives pick from the top 3; Jefferson – 1801 John Quincy Adams – 1825 |
| If the electoral college fails to elect a vise president, who then makes the choice? | Senate |
| How is a vacancy in the Vice Presidency now filled? | President nominates a successor; must be approved by 2/3 of both houses; 25th amendment; Ford - 1973 Nelson Rockefeller – 1974 |
| What roles does Congress play in the Constitutional amendment process | can propose amendments by 2/3 vote |
| Which chamber of Congress has the power to impeach? | House of Representatives; VP presides unless it is the president, then the chief justice of supreme court; Clinton and Andrew Johnson; none convicted |
| Who has the power to try those who are impeached? | Senate; 2/3 of those present |
| what two executive powers are held by the senate | 1. all major appointments made my President must be confirmed by majority vote 2. approves treaties made by the president by 2/3 vote |
| for what 3 purposes does Congress have investigative power | 1. gather information useful to Congress in the making of law 2. review present day effectiveness of laws it has passed 3. find out whether programs are being administrated and operated |
Created by:
annalebrun