Con Law: Fed Legislative Power

Question 1

There must be express of implied Congressional Power. Congress has NO police power. Exceptions:

Answer 1

1. Military
2. Indian Reservations
3. Lands (fed lands)
4. District of Columbia

Question 2

Art I. Sec 8– says Congress can adopt:

Answer 2

all laws that are NECESSARY AND PROPER to exercise its authority.

Question 3

Taxing/Spending Power and the Commerce Power

Answer 3

Congress may tax and spend for the general welfare (only right on exam if in MILD areas).

Question 4

How do you determine what is a TAX?

Answer 4

The determine of tax does NOT depend on what Congress calls but rather, its FUNCTION

Question 5

Art I Sec 8: The Commerce Power

Answer 5

Congress can regulate commerce with Foreign nations, Indian tribes, and among states.

Question 6

The SC said Congress could act under the Commerce clause in any of the following three situations:

Answer 6

1. regulate channels of inters tae commerce.
2. Regulate instrumentalities of interstate commerce
3. Regulate economic activities that have a substantial effect on interstate commerce.
   * they can’t compel activity (can’t regulate inactivity)
   Chanels
   Instrumentalities
   Activities (economic)

Question 7

All powers not granted to US nor prohibited to states are RESERVED for states–three principles:

Answer 7

1. Congress cannot complete state regulatory or legislative action ( can induce then by putting strings on grants, so long as conditions are expressly states and relate to purpose of the spending program and arent unduly coercive).
2. Congress may prohibit harmful commercial activities by state governments
3. 15th A is a limitation on both states and federal govt by prohibiting them from denying any citizens the right to vote based on race or color.

Question 8

Delegation of Powers

Answer 8

1. No limit exists on Congress ability to delegate legislative power
2. For Congress to act, there must be bicameralism and presentment. The president must sign or veto the bill in its entirety.
3. congress may NOT delegate executive power to itself or its officers (taking powers from president).