Congress' Powers

Question 1

Requirements of conditional federal funding (Article I, Section 8 spending clause)

Answer 1

Conditions must:
- clearly stated and unambiguous
- reasonably related to federal interest in funded program
- do not require states to engage in unconstitutional activity
- do not unduly coerce states into accepting

Question 2

Enumerated congressional powers (Article I, Section 8)

Answer 2

-Taxing and spending
-Interstate and foreign commerce
-War, armed forces, militia
-Coin and borrow money
-Immigration and naturalization
-Mail
-Copyright and patent laws
-Federal courts
-D.C.
-Bankruptcy
-Rules concerning captures

Question 3

Power to delegate incidental powers

Answer 3

Can do so to agencies in the executive branch if it provides an intelligible principle to guide the agency

Question 4

Intelligible principle

Answer 4

A clear statement defining
-the policy Congress seeks to advance
-the agency to carry out that policy
-the scope of that agency’s authority