Congressional Powers, Differences, and Separation of Powers

Question 1

Federal Legislative Powers: Congressional Authority

Answer 1

Congress only has express or implied authority.

No general police power, unless MILD
(1) Military
(2) Indian Reservation
(3) Federal Lands, or
(4) D.C

Question 2

Congress’ Major Powers

Answer 2

CREATES DICE
(CR) civil rights
(E) elections
(A) admiralty
(T) taxation
(E) eminent domain
(S) spending / tac for general welfare
(D) defense
(I) Interstate Commerce
(C) Citizenship
(E) External (foreign affairs)

Question 3

Congress’ Broad Powers

Answer 3

(1) Necessary & Proper Clause [any means not prohibited by the constitution to carry out its authority)

(2) Welfare Clause (taxing and spending power for general welfare) * only right on MBE if it says tax or spend or MILD (look for grant of money)

(3) Commerce Power

*see limitations on congress’ broad powers

Question 4

Commerce Power

Answer 4

Preemptive power. Congress can regulate:
(1) channels of interstate commerce [highways, internets]
(2) instrumentalities of IC and persons or things in IC [trucks, phones]
(3) activities moving in interstate commerce that cross state lines [insurance, stock, cattle]
(4) economic activities that have a substantial effect on IC [if non-economic, must be obviously connected for use of power to be valid]

Question 5

Limitations on Commerce Powers

Answer 5

(1) 10th Amendment, unless M.I.L.D
(2) 14th Amendment, Section 5 [prevention of violations of current law]
(3) Delegation of Powers [no limit]

Question 6

10th Amendment

Answer 6

Limitation of Commerce Power that holds all powers not granted to the federal government, nor prohibited to the states, are reserved to the states or the people.

• Congress can’t tax or regulate states exceptions: (1) if tax or regulation applies to both public and private sector [minimum wage laws]

(2) civil rights (congress’ powers under 5 and 14 amendments)

(3) spending power conditions (can induce state action by pulling strings on grants if: (a) conditions expressly stated, and (b) related to the purpose of spending program)

Question 6

10th Amendment

Answer 6

The Tenth Amendment prohibits the federal government from commandeering the lawmaking power of the state or local legislatures, including taxes.

Meaning Congress can’t pass an act requiring all of states to pass law regulating something like the purchase of electric cars.

• Congress can’t tax or regulate states (cant force states to take nuclear waste), exceptions: (1) if tax or regulation applies to both public and private sector [minimum wage laws]

(2) civil rights (congress’ powers under 5 and 14 amendments)

(3) spending power conditions (can induce state action by pulling strings on grants if: (a) conditions expressly stated, and (b) related to the purpose of spending program)

Question 7

Difference between Legislative, Executive, and Judiciary Branches

Answer 7

Legislative: Makes the laws
Executive: Executes / enforces the laws
Judiciary: Interprets the law