Questions and Answers
What is the purpose of the Necessary and Proper Clause in the Constitution?
It allows Congress to make laws not covered by its expressed powers.
How has the doctrine of implied powers increased the power of Congress?
It allows Congress to create laws to carry out its duties.
The expressed power to raise and support an army and navy gives Congress the implied power to _____
set aside funds for states to create military schools.
How did the strict constructionists feel about implied power?
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What is the best description of how strict constructionists thought a liberal constructionist view would affect the nation?
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The ______ can decide when implied powers taken by Congress have exceeded the expressed powers.
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When Congress claims an implied power based on the Necessary and Proper Clause of the Constitution?
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A congressional power that is implied by the expressed power to levy taxes is the power to _______.
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Which section of the US Constitution allows Congress to expand powers not expressly covered in the Constitution?
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Congressional powers not expressly stated in the Constitution but suggested by the enumerated powers are called _______.
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What does the Necessary and Proper Clause give to Congress?
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Liberal constitutionalists want Congress to ________.
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Which is an implied power of Congress?
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The expressed congressional power to regulate commerce implies that Congress may _______.
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Liberal constructionists want Congress to ________.
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Liberal and strict constructionists would most likely disagree over which power of Congress?
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Why is it important for Congress to make laws based on powers that are implied but not given?
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What power makes it possible for Congress to regulate food and drugs?
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Liberal constructionism has led to ______ in the United States.
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Where does Congress derive the authority to stop a tax on internet sales?
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Strict constructionists want Congress to _______.
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Because Congress uses a broad definition of the power to regulate commerce, _________.
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Study Notes
Necessary and Proper Clause
- This clause allows Congress to enact laws that are not explicitly defined within its expressed powers.
- Serves as the constitutional basis for implied powers, expanding legislative authority.
Implied Powers Expansion
- The doctrine of implied powers enables Congress to create laws essential for fulfilling its duties.
- Implied powers enhance Congressional influence and ability to adapt to changing circumstances.
Congressional Powers
- The expressed power to raise and support an army includes the implied power to fund state military schools.
- Implied powers allow for practices such as taxing and regulating alcohol under the authority to levy taxes.
Perspectives on Implied Powers
- Strict constitutionists argue that implied powers grant excessive authority to the national government, threatening state powers.
- Liberal constructionists advocate for a flexible interpretation, supporting the creation of new powers over time.
Supreme Court's Role
- The Supreme Court has the authority to determine if Congress has overstepped its implied powers relative to expressed powers.
Constitutional Provisions
- Article 1, Section 8 of the U.S. Constitution allows Congress to extend its powers beyond those explicitly stated.
Implications of Implied Powers
- Implied powers, such as drafting a military, are derived from enumerated powers, ensuring Congress can adapt as needed.
- The power to regulate commerce encompasses the authority to oversee food and drug regulations and internet sales taxes.
Effects on Federal Power
- Broad interpretations of regulating commerce and other implied powers have led to a significantly large national government.
- Tensions exist between strict and liberal constructionists regarding the extent of Congressional power, particularly in workplace regulation.
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Description
Test your knowledge of the implied powers granted to Congress by the Constitution with these flashcards. Each card explores key concepts, such as the necessary and proper clause and how implied powers enhance congressional authority. Perfect for students of American government or anyone looking to deepen their understanding of constitutional powers.
