2) Congress

Question 1

What must there be for congress to have authority to act?

Answer 1

Either express or implied congressional power.

Question 2

What does Article 1 S8 state?

Answer 2

Congress can adopt all laws that are necessary and proper to exercise its authority

Question 3

In general, does congress have police powers?

Answer 3

No, congress has no federal police powers.

Question 4

What are the four exceptions to the general rule that congress does not have any federal police powers? THINK MILD

Answer 4

1. Military
2. Indian reservations
3. Lands (federal)
4. District of Columbia

Question 5

Does Congress have tax and spending power?

Answer 5

Yes, for general welfare.

Question 6

What is the commerce power that Congress has?

Answer 6

1. Congress can regulate commerce with foreign nations, Indians, and among states
2. May regulate channels of interstate commerce
3. May regulate instrumentalities of interstate commerce and persons/things in interstate commerce
4. May regulate economic activities having substantial effect on interstate commerce (but not cumulative impact of non-economic activity)

Question 7

What is the 10th amendment limit on Congressional power?

Answer 7

1. All powers not granted to US, nor prohibited to states, reserved to states or people
2. Congress cannot compel state regulatory or legislative action i.e. cannot put strings on fed grants (except express, related conditions to federal funds)
3. Congress may prohibit harmful commercial activity by state governments
4. 15th amendment limitation on both states and federal government by prohibiting denying citizen right to vote based on race/colour

Question 8

Can Congress delegate legislative powers?

Answer 8

Yes, there is no limit on Congress’ ability to delegate legislative power?

Question 9

Can Congress delegate executive power?

Answer 9

They may not delegate executive power to themselves or their officers.