2. The Federal Legislative Power

Question 1

The necessary and proper clause

Answer 1

Congress may choose any means, not prohibited by the constitution to carry out its constitutional powers

Question 2

The taxing/spending power

Answer 2

Congress may tax and spend for the general welfare

Question 3

The Commerce Power grants Congress what powers?

Answer 3

1. Congress may regulate the channels of interstate commerce
2. Congress may regulate the instrumentalities of interstate commerce and persons or things in interstate commerce
3. Congress may regulate economic activities that have a substantial effect on interstate commerce.

Question 4

The Tenth Amendment as a limit on Congressional powers

Answer 4

The Tenth Amendment states that all powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people.

Question 5

May Congress induce state government action by putting strings on grants?

Answer 5

Yes, so long as the conditions are expressly stated and relate to the purpose of the spending program. Also, the conditions cannot be unduly coercive.

Question 6

May Congress prohibit harmful commercial activity by state governments?

Answer 6

Yes

Question 7

Congress’ power under section 5 of the Fourteenth Amendment

Answer 7

Congress may not create new rights or expand the scope of rights.

Congress may act only to prevent or remedy violations of rights recognized by the courts and such laws must be “proportionate” and “congruent” to remedying
constitutional violations.

Question 8

What limits are on Congress’ ability to delegate legislative power?

Answer 8

None

Question 9

For Congress to act, there always must be:

Answer 9

1. Bicameralism (passage by both the House and the Senate) and
2. Presentment (giving the bill to the President and sign or veto).
3. The President must sign or veto the bill in its entirety.

Question 10

May Congress delegate executive power to itself or its officers?

Answer 10

No