4. Enumerated Powers (Article 1, Section 8)

Question 1

What is required for Congress to exercise its Commerce Power?

Answer 1

Regulation of channels of interstate commerce

Regulation of instrumentalities of interstate commerce

Regulation of activities with substantial effect on interstate commerce

Regulation of commercial/economic activities with substantial effect on intrastate commerce

1) Court could conceive on ‘rational basis’
2) Activities will ‘in aggregate’ have substantial effect on interstate commerce

Regulation of non-commercial/non-economic activities with substantial effect on intrastate commerce
- Activities will have ‘direct’ substantial economic effect on interstate commerce

Question 2

What is required for Congress to exercise its Tax and Spending powers?

Answer 2

Tax powers

• Tax has reasonable relationship to revenue production
• Congress has power to ‘regulate’ taxed activity

Spending powers

• Any public purpose to promote for common defence/general welfare
• NOT offend Constitution/Bill of Rights
• NOT legislate for (unlike States’ police powers)

Question 3

When may Congress exercise its war powers?

Answer 3

Declare war

Raise + support troops
- NOT deploy troops (President’s powers)

Maintain navy

Economic regulation to remedy wartime disputes

Enact rules for government and regulation for armed forces

Question 4

What is required for Congress to exercise its investigatory powers?

Answer 4

Authorised by appropriate Congressional house

Question 5

What can Congress do under its property powers?

Answer 5

Dispose + make rules for territories/US properties

Federal takings

Question 6

What can Congress do under its ‘police powers’ (although there are no actual federal police powers)?

Answer 6

Regulate activities in District of Columbia

Regulate Indian reservations

Question 7

What can Congress do under its bankruptcy powers?

Answer 7

Regulate bankruptcy

• NOT exclusive
• NO conflict required between state and federal laws

Question 8

What can Congress do under its citizenship powers?

Answer 8

Deny alien entry (based on political beliefs)

Deny alien residency
- Must give due process notice

Question 9

What must states protect under their police powers?

Answer 9

Health/Safety
Morals
Welfare

Question 10

What type of liquor regulation may Congress impose towards interstate commerce through its Commerce powers?

Answer 10

Anti-trust laws

Question 11

Who may determine Congress members’ elections and qualifications?

Answer 11

Congress

• House of Senate
• House of Reps

Question 12

What is the Third Amendment?

Answer 12

Congress must obtain citizen’s consent to quarter soldiers in their home

State does NOT require consent

Question 13

What is the Seventh Amendment?

Answer 13

Congress may grant a jury trial

State may NOT grant jury trial