Article I: Legislative Power Flashcards
1
Q
Federal Leg Powers
A
- Express or implied + any means necessary and proper (anything not prohibited)
- No police power except Military, Indians, Land, DC
- Tax and Spend
- Commerce
2
Q
Federal Leg Power - Tax and Spend
A
for general welfare (broad)
taxes must be uniform among states
3
Q
Federal Leg Power - Commerce
A
Channels + Instrumentalities
Acts that have sub. effect thereon
–Cumulative only for econ. acts
Not inactivity
4
Q
Federal Leg Power - Limits
A
- 10th Amd: powers not granted are reserved for states
- Can’t compel state action, but can induce w/ spending conditions if (1) expressly stated, (2) reasonably related to spending purpose and (3) not unduly coercive
- Can prohibit harmful commercial activity by states
- 14th Amd. Laws can prevent/remedy only recognized rights (not new/expanded) + must be narrowly tailored (proportional + congruent to remedying)
5
Q
Federal Leg Power - Delegation
A
- No limit on delegation of leg power
- Can’t delegate exec power to self
- Line item and leg. veto unconstitutional because no bicameralism + presentment