Review of Congressional Powers, Part 1

  1. Start reading on page 290 (Chapter 11, Section 1)
  1. Congress has only those powers ______to it by the ______
  2. Give some examples of the types of things Congress CANNOT do:
  1. Refresh your definition of the following terms:
  1. Expressed Powers
  1. Implied Powers
  1. Inherent Powers
  1. Using the information on pp. 291-2, fill out the chart below:

Construction of the Constitution
Strict / Liberal/Loose
Definition
Major proponent/
advocate
Attitude toward implied powers
Attitude toward national power
Attitude toward State power
Who won this argument? In other words, today Americans have reached a consensus about which interpretation of the USC?
What factors have been responsible for the growth of national power of the last two centuries (several things…)
  1. Jump to p. 294 (Chapter 11, Section 2). Most of the expressed powers of Congress are found in ______
  2. In _____ clauses, Congress is given ______specific powers.
  3. Read over the various questions the book raises about the Commerce Clause. Jot down two “good ones” of your choosing. What two branches answer those types of questions?
  1. The Power to Tax
  1. Read over the “tax clause”—where do you find this in the US Constitution?
  2. How is the tax clause different from how things were under the Articles of Confederation?
  1. Of course we all can gather that a “tax” is money collected by the gov’t to pay for things. But the book points out that taxes can also be used to help domestic industry and the public safety. Explain.
  1. List the various limits on Congressional taxation that have emerged over time
  1. The Borrowing Power
  1. Where do we find the “borrowing clause”?
  2. Define public debt. As of 2007, what kind of debt are we talking about?
  1. Define deficit financing.
  1. What three factors have recently made the deficit skyrocket? Which president enacted these measures?
  1. Look at the chart on page 295 and answer the bold questions.
  1. The Commerce Power
  1. Consider the situation under the AOC—how did this situation lead to the commerce clause?
  1. Copy the Commerce Clause, word for word, here:
  1. Read over the Gibbons v. Ogden case on pp. 297 and fill out the following chart

Gibbons v. Ogden, 1824
Background
Issue being debated
Decision by the Supreme Court
Significance of that decision
  1. The book discusses the Civil Rights Act of 1964 in the context of the Commerce Power. Why is this act an appropriate example?
  1. Nearly all of the implied powers that have been used by the Congress have been based on what expressed powers?
  1. What limits are exist on Congress’ power to control commerce?
  1. The Currency Power
  2. Describe the currency situation during the Critical Period—how did this influence the Framers of the USC?
  1. At first the US issued ______made out of ______as currency. After 1791, the new Bank of the United States issued ______.
  2. Define legal tender.
  1. Just read over the controversy surrounding “greenbacks”. Since 1884, what’s the status of “greenbacks”.
  1. The Bankruptcy Power
  1. Where do we find the “bankruptcy power” in the USC?
  2. Define bankruptcy.
  3. Though the states have some powers regarding bankruptcy, where do almost all bankruptcy cases end up these days?
  1. Now go back and look over the two sections you’ve just read—are there any bold faced words we haven’t touched on? Define them now.