1. Complete the information for the Supreme Court case below by using page 306-308.
Due tomorrow for 5 points.
McCulloch v. Maryland
2. Translate the notes posted below…
Due on Monday, 10/23/17 for 10 Points
Chapter 10: Congress
Section 3: The Senate
1. How many Senators are in the Senate?
2. What is the length of a term in the Senate?
3. What is the effect of the 17th Amendment on the Senate?
It allowed the voters to pick their Senators.
4. What is the limit on the number of terms that a Senator may serve?
There is no limit.
5. Why is the Senate called a “continuous body”?
It is because that all the seats in the Senate are never up for election at the same time.
6. Why did the framers of the Constitution give senators six-year terms?
They hoped the longer terms would make senators less reactive to popular sentiment. Many of the framers thought that the House, with shorter terms, would be too often swayed by the immediate impact of events.
7. What senator was elected to the most terms?
Robert Byrd. 51 years from 1959-2010
8. According to the Constitution, what two requirements are different for a senator than for a member of the House?
A senator must be 30, not 25. A senator must have been a U.S. citizen for nine years, not seven.
9. What is the effect of the difference in constituencies between senators and House members?
Senators focus on the “big picture” nationally. They are less interested in the concerns of a small locality and more focused on the national picture.
10. The Constitution said that __________ would choose senators.
Chapter 11: The Powers of Congress
Section 2: The Expressed Powers of Money and Commerce
Cornell Notes Questions
1. What are the purposes of taxes?
A tax is a charge levied by government on persons or property to raise money to meet public needs.
Congress does sometimes impose taxes for other purposes as well. The protective tariff is perhaps the oldest example of this point. Although it does bring in some revenue every year, its real goal is to “protect” domestic industry against foreign competition by increasing the cost of foreign goods.
Taxes are also sometimes levied to protect the public health and safety. The Federal Government’s regulation of narcotics is a case in point. Only those who have a proper federal license can legally manufacture, sell, or deal in those drugs—and licensing is a form of taxation.
2. Summarize the limitations that the Constitution has placed on the taxation power of Congress.
(1) Congress may tax only for public purposes, not for private benefit. Article I, Section 8, Clause 1 says that taxes may be levied only “to pay the Debts and provide for the common Defense and general Welfare of the United States….”
(2) Congress may not tax exports. Article I, Section 9, Clause 5 declares “[n]o Tax or Duty shall be laid on Articles exported from any State.” Thus, customs duties (tariffs), which are taxes, can be levied only on goods brought into the country (imports), not on those sent abroad (exports).
(3) Direct taxes must be apportioned among the States, according to their populations:
(4) Article I, Section 8, Clause 1 provides that “all Duties, Imposts and Excises, shall be uniform throughout the United States.” That is, all indirect taxes levied by the Federal Government must be levied at the same rate in every part of the country. These include the federal taxes on gasoline, alcoholic beverages and tobacco products.
3. Give examples for direct tax and indirect tax.
A direct tax is one that must be paid directly to the government by the person on whom it is imposed—for example, a tax on the ownership of land or buildings, or a capitation (head or poll) tax.
An income tax is a direct tax, but it may be laid without regard to population.
As a general rule an indirect tax is one first paid by one person but then passed on to another. It is indirectly paid by that second person. Take, for example, the federal tax on cigarettes. It is paid to the Treasury by the tobacco company, but is then passed on through the wholesaler and retailer to the person who finally buys the cigarettes.
4. How is public debt related to deficit spending?
For decades, the Federal Government has practiced deficit financing. That is, it regularly spends more than it takes in each year—and borrows to make up the difference.
As a result, the public debt rose year to year—to more than $5.5 trillion at the beginning of fiscal year 1999. The public debt is all of the money borrowed by the government over the years and not yet repaid, plus the accumulated interest on that money. The federal debt now (2005) exceeds $7.5 trillion.
5. What are the three major factors that are contributing for the increasing budget deficit since 2001?
(1) a sharp downturn in the nation’s economy that began in late 2000,
(2) major tax cuts pushed by President Bush and enacted by Congress in 2001, 2002, and 2003,
(3) the onset of the global war on terrorism in 2001 and the ongoing conflicts in Afghanistan and Iraq. The shortfall topped a record $413 billion in 2004 and it will certainly exceed that stupendous sum in 2005.
6. What is the significance of the Gibbons v. Ogden case?
The Court’s ruling was widely popular at the time because it dealt a death blow to steamboat monopolies. It rejected Ogden’s argument that “commerce” should be defined narrowly, as simply “traffic” or the mere buying and selling of goods. Instead, it read the Commerce Clause in very broad terms:
“Commerce undoubtedly is traffic, but it is something more—it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.”
—Chief Justice John Marshall
7. Give three examples of how Congress uses its Commerce Power.
Regulating commerce with foreign powers and between states.
Establish the federal minimum wage.
Preventing monopolies from forming.
Prohibit discrimination to public places.
8. What are the limits of congressional commerce power?
In more specific terms, the Constitution places four explicit limits on the use of the commerce power. Congress
(1) cannot tax exports, Article I, Section 9, Clause 5;
(2) cannot favor the ports of one State over those of any other in the regulation of trade, Article I, Section 9, Clause 6;
(3) cannot require that “Vessels bound to, or from, one State, be obliged to enter, clear or pay Duties in another,” Article I, Section 9, Clause 6; and, finally,
(4) could not interfere with the slave trade, at least not until the year 1808, Article I, Section 9, Clause 1. This last limitation, part of the curious slave-trade compromise at the Constitutional Convention, has been a dead letter for nearly two centuries now.
9. Why did the nation need a uniform system of “hard money” that can be used a legal tender?
So it can provide the nation with a uniform, stable monetary system that will be universally accepted by everyone in the country.
10. What is the purpose of a bankruptcy filing? Who has the power to regulate bankruptcy?
Bankruptcy is the legal proceeding in which the bankrupt’s assets—however much or little they may be—are distributed among those to whom a debt is owed. That proceeding frees the bankrupt from legal responsibility for debts acquired before bankruptcy.
The States and the National Government have concurrent power to regulate bankruptcy. Today federal bankruptcy law is so broad that it all but excludes the States from the field. Nearly all bankruptcy cases are heard now in federal district courts.
Chapter 11: Congressional Powers
Section 3: Other Expressed Powers
Foreign relation powers are shared between Congress and President.
Congress may act on matters affecting the security of the nation, such as immigration.
The President is the commander in chief of the armed forces.
Only Congress may declare war, raise/support armies, provide/maintain a navy, and make rules pertaining to governance of naval forces.
The War Powers Resolution of 1973 allows Congress the power to restrict the use of American forces where state of war doesn’t exist.
Other Expressed Powers
The congress has the power to control naturalization, the process by which citizens of one country become citizens of another.
Another power it has is the control over postal services. Congress has established a number of crimes based on its postal powers such prohibiting the mailing of dangerous items such as firecrackers.
Weights and Measures
A standard scale of weights and measures in order to keep an uniform gauge of time, distance, area, weight, and even volume.
Copyrights and Patents
Congress has the power to grant copyrights and patents.
A copyright is the exclusive right of an author to reproduce, publish, and sell his or her creative work for the live of the author plus 70 years.
A patent grants a person the sole right to manufacture, and sell use any new useful improvement for up to twenty years.
Power over Territories and Other Areas
The Constitution gives Congress the power to acquire and manage federal territories such as Puerto Rico, Guam, and the Virgin Islands.
In addition, it covers military and naval bases, arsenals, post offices, prisons, parks, forest preserves, and others.
The Government can acquire properties through gifts or purchases, known as eminent domain.
Congress has the ability to create federal courts below the Supreme Court and the federal judiciary.
It can also define federal crimes and punishments for violators. It has established more than one hundred federal crimes