Congressional Power

Question 0

Commerce power

Answer 0

Regulate channels of interstate commerce, modes of transportation, and activities that substantially affect interstate commerce.
10th A places weak limit on this power

Question 1

Taxing power

Answer 1

1. Lay and collect taxes and duties
2. Pay debts, and
3. Provide for common defense and general welfare.

Question 2

Spending power

Answer 2

General welfare clause is a limit on congressional power bc congress must tax and spend always for general welfare.

Question 3

What is a tax?

Answer 3

Intended to raise revenue and actually does.
Can tax as way of regulating as long as have authority to regulate.
Can tax what it does not have authority to regulate if dominant intent is to raise money.

Question 5

Federal funds given to states

Answer 5

Can be conditional as long as:

1. Spending serves general welfare,
2. Condition is unambiguous
3. Condition relates to the federal program
4. State not have to do something unconstitutional, and
5. Amount of funds is not coercive.

Question 6

War and defense powers

Answer 6

Congress can
1.declare war,
2, raise and support the army, and
3. establish military courts.

Question 6

Investigatory power

Answer 6

Congress can investigate incident to its legislative powers.

Question 7

Military courts

Answer 7

Bound by uniform code of military justice, not bill of rights.
Courts have JD over offenses by military person in area under military control.

Question 9

Power of eminent domain

Answer 9

Limited by 5th A which requires just compensation.

Implied power.

Question 10

Speech and debate clause

Answer 10

Protects legislators and their aids from acts done in the regular course of legislative process.
* Defamation is not protected.

Question 10

Limits on executive

Answer 10

Can pass law that pres vetoes by 2/3 vote of each house.

Question 11

Appropriations

Answer 11

Congress can direct President how to spend money and he cannot say no.

Question 12

Federal lands

Answer 12

Federal Lands and territories are under federal control.

Question 13

Impeachment

Answer 13

House has power to impeach.

2/3 senate vote for conviction.

Question 15

State immunity

Answer 15

Federal govt can sue a state without its consent.
State can be sued by another state. (SC has exclusive JD)
State can be taxed by fed govt but not when applied to unique state activities or essential govt functions.

Question 16

Negative implications doctrine

Answer 16

A state may use police powers to regulate that incidentally burdens interstate commerce.