Thursday, June 09, 2011

Constitution Class in Temecula: Making Law, Enumeration, and Prohibitions (Article I, Sections 7, 8, 9, 10)

Lesson Three Worksheet, Temecula Constitution Study June 9, 2011 at Faith Armory

Terms:

Original Authority:___________________________________________________________

Veto: _____________________________________________________________________

Express Powers:_____________________________________________________________

Implied Powers:______________________________________________________________

Duties: ____________________________________________________________________

Imposts: ___________________________________________________________________

Excise: ____________________________________________________________________

Exclusive Powers:____________________________________________________________

Concurrent Powers:___________________________________________________________

Habeas Corpus:______________________________________________________________

Bills of Attainder:____________________________________________________________

Ex Post Facto Law:___________________________________________________________

Direct Taxation:_____________________________________________________________

Indirect Taxation:____________________________________________________________

Joint Resolution:_____________________________________________________________

State Militia:________________________________________________________________

Key Questions:

1. We The People hold original authority in the process of ___________________________

______________.

2. The Congress can override a veto with a _______________ ________________ vote in each House.


3. The powers granted to the federal government are enumerated, making those authorities

_______________________________ powers.

4. Unconstitutional government authority not expressly stated by the U.S. Constitution, but

considered to be implications of other powers are called _____________________

_______________________ .

5. The federal government’s role according to the Commerce Clause is to act as a

_______________________ or _______________________.

6. Article I, Section 8, Clause 7 gives the federal government the authority to establish post

offices and post ______________________.

7. The power to make rules regarding captures on land and water belongs to

______________________.

8. The Elastic Clause authorizes Congress to make laws that fall within the authorities granted

by the U.S. Constitution that Congress recognizes as _________________________ and

________________________ .

9. The Founding Fathers did not believe their should be foreign influences in the affairs of our

________________________.

10. Each state may have a State Militia with the consent of _______________________.

Key Concepts:

1. All powers of the federal government were granted by the States, but the people have original authority in all powers, including the process of making law.

2. The power of the purse strings gives the House of Representatives the ultimate check against the other parts of government, and the House of Representatives was originally intended to be the voice of the people in the federal government.

3. The Legislative Branch is the strongest of the three branches, shown by one example by their ability to override a veto with a 2/3 vote by each House.

4. The enumerated powers are express powers granted to the federal government. No other powers exist for the federal government. Implied and Resulting powers are unconstitutional.

5. The power to tax by the federal government was primarily for the purpose of paying for the necessary functions of government. Taxation on Americans was originally designed to only be by indirect taxation.

6. The Commerce Clause grants to the Congress the authority to regulate commerce between the States, meaning that the federal government may act as a referee, or mediator, to ensure commerce flows freely.

7. Many of the powers granted to the federal government was to ensure that important factors in protecting, preserving or promoting the union were uniform throughout the States.

8. A National Bank was considered to be dangerous by Thomas Jefferson, to the point that he said a National Bank (like the Federal Reserve) is “swindling futurity on a large scale.”

9. The only mention of roadways in the Constitution is that the Congress has the authority to establish post roads. This makes our highway system created through federal funding unconstitutional, as well as an opportunity for the federal government to extort the States by withholding highway funds.

10. The Founding Fathers feared the federal government using the army against the States, therefore limited the funding of the army to two years at a time. The Navy, however, is permanent, deemed as necessary for the protection of trade routes.

11. Washington DC was originally intended to be the seat of government, and that is it. Congress has sole authority over the legislative powers of the District of Columbia.

12. The “Necessary and Proper” Clause is only supposed to be used in conjunction with federal laws that meet constitutional muster.

13. The federal government has the authority to prohibit who can immigrate into this country, but cannot dictate to the State which persons must be admitted.

14. Habeas Corpus was originally designed to protect American Citizens from being detained without due process of law.

15. Bills of Attainder are prohibited to both the States and the federal government. Bills of Attainder declare the guilt of a person or group, and punishes them, without the benefit of a trial (due process).

16. Ex Post Facto Law is a retroactive law, changing the consequences of actions committed prior to the enactment of the law. Amnesty laws are Ex Post Facto laws. Ex Post Facto laws are prohibited to both the federal government and the States.

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