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21 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Commerce Clause |
Need justification for expanse of Federal power?
This is how you do it.
Allows for Congress to go beyond the text of the Constitution. |
SpongeBob rainbow slide |
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Section 1 |
Vesting Clause Creates the separation of powers Tells everybody what they can/can't do |
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Section 2 |
When vacancies happen in Representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. (President gets to appoint folks) |
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Article 1 |
Section 1-7: Organization Section 8: Powers of federal Government. Section 9: protection of slave trade Section 10: limits on states |
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Federalist 44 |
Restrictions on the authority of the several states Madison says what is novel in constitution is necessary to it. |
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Section 3 |
The Vice President of the US shall be President of the Senate The Senate shall have the sole power to try all Impeachments When sitting for that purpose, they shall be on Oath or Affirmation. When the President of the US is tried, the Chief Justice shall preside No person shall be convicted without the 2/3 members present |
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Federalist 62 & 63 |
The Senate Madison or Hamilton Senate needed to promote stability and order To moderate passions of the House |
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Federalist 59 |
Hamilton: leaving power only in possession of states could lead to states sending no representatives or corrupting elections. |
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Section 4 |
The times, places, and manners for Senators and Representatives shall be prescribed in each state by the legislature thereof Congress may at any time by Law make or alter such Regulations |
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Section 5 |
Each House shall be the judge of the elections, Returns and Qualifications of its own members for disorderly behavior With concurrence of 2/3 majority may expel a member |
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Federalist 52, 53, 56: The House of Representatives |
52- Madison: requirements to be elected and proper terms of office 53- Madison & Hamilton: yearly elections unnecessary. You need a minimum of 2 years to learn the job 56-Madison & Hamilton: representatives only have to know their constituents well enough to vote on matters of Commerce, taxation, and militia |
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Hutchison v. Promise (1979) |
Libel suit from "Golden Fleece" award speech and debate clause protects speech given in Congress but not materials mailed to constituents in newsletters, etc. |
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Section 6 |
They shall, in cases except Treason, Felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same As well as from any speech or debate in either house They shall not be questioned in either place |
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Section 7 |
All bills for raising revenue shall originate in the House The Senate may propose or concur with Amendments as on other bills |
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Presentment Clause |
Outlines federal legislative procedure by which bills originating in Congress become federal law in the US It shall be presented to the President, if approved, he'll sign it Every order Resolution or vote shall be presented and approved by him 2/3 of Senate can override veto |
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Immigration and Naturalization Setvice v. Chadha (1983) |
Invalidates legislative veto |
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Clinton v. City of NY (1998) |
Invalidates line-item veto |
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US Code of Federal Regulations |
Now about 25,000 pages First published in 1926 Does not include case law or regulations 50 Titles Approx. 80,000 federal regulations in 2013 Approx. 4500 criminal laws |
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Borrow--1st National Bank |
Issued debt instruments circulating like money Second with War of 1812 |
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McCulloch |
Union paper money during civil war Upheld legal tender cases 1933 Congress prohibits gold clauses in contracts Makes federal notes only legal tender |
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Speech &Debate clause of section 6 |
Preventing libel from paralyzing legislative process |
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