CONGRESS POWR/ FEDERAL LEGISLATIVE POWER

Question 1

What are the Federal Legislative Powers?

Answer 1

Police Power
General Welfare
Commerce Power

Question 2

Federal Legislative Power:

Police Power

Answer 2

None except MILD:

Military; Indian reservations; Land (Fed); and District of Columbia.

Question 3

Federal Legislative Power:

General Welfare

Answer 3

May only tax and spend.

Question 4

Federal Legislative Power:

Commerce Power

Answer 4

(1) Channels of interstate commerce (IC);
(2) Instrumentalities of IC;
(3) Substantial effect on IC (cumulative impact for economic activity only).

Question 5

Federal Legislative Power:

Limitations

Answer 5

10th Amendment - Can’t compel states to regulate or act, but may induce with strings on grants if expressly stated & related to purpose.
14th Amendment – Congress can’t create new or expand existing rights. Only prevent or remedy violations of existing rights if proportionate/congruent to violation