Deck 4: Congress

Question 1

If an individual activity does not affect interstate commerce, but the aggregate of that activity does, federal commerce jurisdiction exists under the:

A) Cumulative effects doctrine.
B) Dormant Commerce Clause.
C) Resulting consequences doctrine.
D) Pretext principle.

Answer 1

Cumulative effects doctrine.

Question 2

The federal income tax is authorized by:

A) Article XVI.
B) Article VI.
C) Article I.
D) None of the above.

Answer 2

Article I.

Question 3

Who may declare war?

A) President
B) House of Representatives
C) Senate
D) Entire Congress

Answer 3

Entire Congress

Question 4

Which of the following best describes the impeachment process?

A) The Senate impeaches and the House tries the impeachment.
B) The Senate impeaches and tries the impeachment.
C) The House impeaches and the Senate tries the impeachment.
D) The House impeaches and tries the impeachment.

Question 5

Who possesses the authority to suspend habeas corpus?

A) Congress
B) President
C) Both A and B are required
D) Either A or B

Question 6

The veto of a congressional bill by the president by retaining it until Congress is no longer in session, neither signing nor vetoing it, is called a(n):

A) implied veto.
B) veto by implication.
C) line-item veto.
D) pocket veto.

Question 7

Which doctrine provides Congress with authority to regulate intrastate activities that substantially affect interstate commerce?

A) dormant commerce clause
B) Affectation doctrine
C) preemption doctrine
D) Doctrine of supremacy

Question 8

Which case allowed Congress to regulate that amount of wheat grown by local farmers?

A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich

Question 9

Which case allowed Congress to prosecute marijuana crimes even when a state has a law allowing for the medicinal use of this drug?

A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich

Question 10

Which case invalidated the federal Gun Free School Zone's Act?

A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich

Question 11

Which case gives Congress the most authority under the Commerce Clause?

A) U.S. v. Lopez
B) Wickard v. Filburn
C) U.S. v. Morrison
D) Gonzalez v. Raich

Question 12

Under what authority can Congress levy an income tax?

A) Article I, section 8
B) 16th Amendment
C) Pollock v. Farmers Loan & Trust Co
D) Tax and Spend Clause

Question 13

What case allowed Congress to regulate the drinking age within the states using the Tax and Spending Clause of Article I?

A) South Dakota v. Dole
B) U.S. v. Lopez
C) Pollock v. Farmers Loan & Trust Co
D) McCulloch v. Maryland

Question 14

What case invalidated an earlier effort by Congress to enact a federal income tax?

A) South Dakota v. Dole
B) U.S. v. Lopez
C) Pollock v. Farmers Loan & Trust Co
D) McCulloch v. Maryland

Question 15

What case upheld the power of the federal government to create a national bank?

A) South Dakota v. Dole
B) McCulloch v. Maryland
C) U.S. v. Morrison
D) U.S. v. Lopez

Question 16

Since 1962, how many voting representatives serve in the U.S. House of Representatives?

A) 100
B) 435
C) 437
D) 439

Question 17

Which provision in Article I, Section 7, clause 1, of the U.S. Constitution requires all revenue-raising bills to originate in the House of Representatives?

A) Commerce Clause
B) Necessary and Proper Clause
C) Origination Clause
D) Spending Clause

Question 18

Which constitutional amendment provides that the legislature of the state may empower the governor to make a temporary senatorial appointment pending replacement by election?

A) Amendment 15
B) Amendment 16
C) Amendment 17
D) Amendment 18

Question 19

If a President does not return a bill to Congress within five days, it automatically becomes law.

Question 20

Each state has an equal number of Representatives and Senators.

Question 21

A state may not impose term limitations on its Representatives and Senators.

Question 22

Each house of Congress possesses the final authority to decide who won in contested elections.

Question 23

Members of Congress are absolutely immune from suit for statements made while on the floor of either house.

Question 24

President Franklin D. Roosevelt attempted to "pack"
the Court by recommending legislation that would permit a President to nominate additional justices for each sitting justice over the age of 70 who had served on the Court for ten years or longer.

Question 25

Congressional power over interstate commerce is severely limited by the power of the states to regulate intrastate commerce.

Question 26

Between the 1940s and 1995, the Supreme Court invalidated seven federal statutes as exceeding the commerce power.

Question 27

It is well established that Congress may regulate commercial matters only and federal regulations that have welfare objectives are invalid.

Question 28

The Necessary and Proper Clause is an independent source of authority.

Question 29

Article I, Section 2, clause 5 of the U.S. Constitution gives the Senate the responsibility of trying impeachment cases.

Question 30

Congress alone possesses the authority to suspend habeas corpus.

Question 31

To be a member of the House of Representatives, a person must be at least twenty-five years old, a citizen of the United States for at least seven years, and an inhabitant of the state where he will run for election.

Question 32

The Constitution limits the number of terms a person may serve in both the House and the Senate.

Question 33

The President may call both or one of the chambers of Congress into session from a recess in ________ occasions.

Question 34

Article I, Section 2, requires that a census of the population occur every ________ years in a manner proscribed by Congress.

Question 35

Every state, regardless of population, has ________ senators, each with one vote.

Question 36

After the ratification of the ________ Amendment, U.S. Senators are now directed elected by the people.

Question 37

The Commerce Clause in Article I, Section 8, of the Constitution gives Congress the power to regulate ________ commerce.

Question 38

The power to regulate health, welfare, and security is known as the ________ power.

Question 39

In National Federation of Independent Business v. Sebelius, 135 S.Ct. 2566 (2012) decided by the U.S. Supreme Court in 2012 dealing with the constitutionality of the Patient Protection and Affordable Care Act, the U.S. Supreme Court held that the individual mandate was effectively a ________ and a legitimate exercise of congressional authority under Art. I, sec. 8, cl. 1.

Question 40

Codification is the process of turning a common law rule into a(n) ________.

Question 41

In 2010, the Supreme Court handed down Citizens United v. Federal Election Commission, which struck down a campaign finance law as violating the ________ Amendment free speech rights of corporations.

Question 42

Use ________ is a guaranty given to a person that if he or she testifies against others, his or her testimony will not be used against him or her if he or she is prosecuted for involvement in the crime.

Question 43

Match the term its description

-Police Power

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 44

Match the term its description

-Affectation Doctrine

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 45

Match the term its description

-Joint Resolution

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 46

Match the term its description

-Origination Clause

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 47

Match the term its description

-Mark-up

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 48

Match the term its description

-Pretext Principle

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 49

Match the term its description

-Code

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 50

Match the term its description

-Bill

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 51

Match the term its description

-Statute

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 52

Match the term its description

-Commerce Clause

A) Rule that provides Congress with authority to regulate intrastate activities that affect interstate commerce. Even though individual activity may not affect interstate commerce, the total effect of all individuals who engage in the activity may affect interstate commerce and provide Congress with the jurisdiction to regulate the activity.
B) The published statutes of a jurisdiction, arranged in a systematic form.
C) Article I, Section 7, clause 1, of the U.S. Constitution, which requires all revenue-raising bills to originate in the House of Representatives.
D) The clause in Article I, Section 8, of the Constitution that gives Congress the power to regulate commerce between the states and between the United States and foreign countries.
E) The detailed revision of a bill by a legislative committee.
F) A resolution passed by both houses of a bicameral legislature and eligible to become a law if signed by the chief executive or passed over the chief executive's veto.
G) A law enacted by a legislature; an act.
H) A law that is enacted by Congress supposedly under one of its enumerated powers, when the law's true purpose is to regulate a subject belonging to the states, is invalid.
I) The power of government to make and enforce laws and regulations necessary to maintain and enhance the public welfare and to prevent individuals from violating the rights of others.
J) A proposed law, presented to the legislature for enactment.

Question 53

What are the qualifications to become a U.S. Senator?

Question 54

Which provision in the U.S. Constitution gives Congress the power to regulate business and labor?

Question 55

Which constitutional provisions have been used by Congress to address civil rights issues?

Question 56

Discuss whether you would support or oppose a constitutional amendment that would provide term limits for members of Congress. Explain your position.

Question 57

Explain which enumerated power of Congress stated in the U.S. Constitution gives Congress the most power and authority?