Chapter 10 - 12 test review

1. Government chapters 10-12 test review guide (will use for short answer test)

2. #1= is the question you will have to answer for the short answer test WRITE: a) implied powers not set out in the Constitution but are implied by those that are set out; in other words, the Necessary & Proper Clause gives Congress the power to “assume” its implied powers (READ p. 305)

3. b) Congress can make an actual law for the benefit of our country to make any laws necessary and proper.

4. c) Congress people have used it to their benefit for passing laws, whether completely legitimate or not, because its interpretation is so broad.

5. d) Elastic Clause - because it has been stretched so far and made to cover so much over the years

6. e) The creation of a national bank in 1790 started a battle between Hamilton, who wanted Congress to set up the bank, and Jefferson, who said Congress had no authority to start one

7. f) Hamilton used the N & P Clause as his defense and the Supreme Court agreed with him, giving Congress the power to establish the national bank

8. g) McCullough vs. Maryland in 1819 used the N & P Clause when a second national bank was created by Congress, and Maryland imposed a tax on all bank notes.

9. h) The Supreme Court again backed the creation of the banks, this time giving sweeping approval to the concept of Congress’ implied powers, making it difficult in the future to challenge the Clause.

10. h) The Supreme Court again backed the creation of the banks, this time giving sweeping approval to the concept of Congress’ implied powers, making it difficult in the future to challenge the Clause.

11. #2 = is also a question you will have to answer for the short answer test WRITE:

12. a) Senate is to be more enlightened or “smarter” than its counterpart in the House of Representatives, which is know to be swayed by emotions when deliberating issues. Since the Senate is supposed to be a cut above, it needs more time to deliberate things, which means their terms should naturally be longer and not have to worry about election campaigns every couple years. (READ p. 277)

13. #3a = may or may not be a question you will have to answer for the short answer test WRITE: expressed – specific wording gin the Constitution implied – reasonable deduction from the expressed powers inherent – the “understood” role of creating a national government for the U.S.

14. #3b = will be a question you will have to answer for the short answer test WRITE: It cannot create a national public a school system, require people to vote or attend church, set a minimum age for marriage or driver’s license, abolish jury trials, confiscate handguns, or censor the media.

15. DO NOT WRITE: Speculate why Congress cannot do these things. Hint: Why cannot it not create a national school system? Why can it not dictate marriage laws (for example, age of when can be married)? Think back to the Constitution movie: What would be one of the main reasons States would NOT sign it? Now, write the answer in your notes for the test.