Congress Powers

Question 1

What are the nine powers of Congress?

Answer 1

1. legislative power
2. commerce power
3. taxing power
4. spending power
5. war and defense powers
6. power under civil war amendments
7. delegation of power
8. impeachment power
9. appropriations power

Question 2

What is Congress’s legislative power?

Answer 2

Congress must have the power to pass the law, and the law must not violate a constitutional right

Question 3

What are the three sources of Congress’s legislative power?

Answer 3

1. enumerated powers
2. enabling clauses
3. necessary and proper clause

Question 4

How does Congress derive its legislative power from enumerated powers?

Answer 4

Article I, § 8 of the Constitution enumerates specific powers assigned to Congress

Question 5

How does Congress derive its legislative power from enabling clauses?

Answer 5

Enabling clauses allow Congress to enforce the 13th, 14th, and 15th Amendments by “appropriate legislation”

Question 6

How does Congress derive its legislative power from the necessary and proper clause?

Answer 6

The necessary and proper clause is an implied power to make laws that are necessary to carry out an enumerated power

Question 7

What is Congress’s commerce power?

Answer 7

Congress has the power to regulate:
(1) Channels of interstate commerce (i.e., highways, waterways, and air traffic);
(2) Instrumentalities of interstate commerce (i.e., cars, trucks, ships, airplanes); and
(3) Activities that “substantially affect” interstate commerce

Question 8

What kinds of activities “substantially affect” interstate commerce (meaning Congress can regulate them)?

Answer 8

(1) Any economic activity
(2) that occurs
a. interstate (between states) or
b. intrastate (within states)
(3) that has a substantial effect upon interstate commerce

Question 9

What is a limitation on Congress’s commerce power?

Answer 9

Congress cannot regulate an intrastate non-economic activity (like the possession of a handgun)

Question 10

Despite the limit on the commerce power, when would it still be appropriate for Congress to regulate intrastate non-economic activities?

Answer 10

Congress may regulate intrastate non-economic activities with a “comprehensive scheme”

Question 11

What is Congress’s taxing power?

Answer 11

Congress can impose and collect taxes in order to pay debts and spend for the general welfare

Question 12

When would an act purporting to be a tax be upheld as a valid exercise of Congress’s taxing power?

Answer 12

An act purporting to be a “tax” should be upheld as a valid exercise of the taxing power if:
(a) It raises revenue (objective test);
(b) It was intended to raise revenue even if it doesn’t (subjective test); OR
(c) Congress has the power to regulate the activity that’s being taxed (regulatory test)

Question 13

What is Congress’s spending power?

Answer 13

Congress can spend for the general welfare

Question 14

When may Congress place a condition on a state’s receipt of federal funds?

Answer 14

(1) The spending serves the general welfare;
(2) The condition is unambiguous;
(3) The condition is related to the federal program;
(4) The state is not required to undertake unconstitutional action; AND
(5) The amount in question is not so much that the state is “coerced” into accepting the funds

Question 15

What are Congress’s war and defense powers?

Answer 15

1. Congress declares war
2. During wartime, Congress may institute a draft and initiate wage, price, and rent control of the
   civilian economy

Question 16

When would Congress be authorized to enforce the Civil War Amendments (13th, 14th, 15th)?

Answer 16

1. Congress can only regulate states, not private individuals (except for 13th)
2. state governments must have engaged in widespread violations of the Amendment, AND
3. the legislative remedy must be congruent and proportional to the violation

Question 17

How may Congress delegate powers?

Answer 17

Congress can create an executive agency (i.e., FDA) and give the agency some legislative power, so long as there is some intelligible principle that guides the agency

Question 18

What is Congress’s impeachment power?

Answer 18

The House has the sole power to impeach, and the Senate tries the impeachment (need 2/3 vote to convict)

Question 19

What are considered impeachable offenses?

Answer 19

Treason, bribery, and other high crimes and misdemeanors

Question 20

What is Congress’s appropriations power, and how does it limit presidential power?

Answer 20

Where Congress, by legislative act, explicitly directs the President to spend appropriated money, the President has no power to impound (i.e., refuse to spend or delay spending) the authorized funds