Congressional Powers

Question 1

Interstate Commerce

Answer 1

The Commerce Clause gives Congress the broad authority to regulate commerce “among the several states.” Congress may regulate the instrumentalities, channels, and those things having a substantial effect on interstate commerce.

Question 2

Taxing and Spending Power

Answer 2

Congress can tax and spend for the general welfare.

Question 3

Necessary and Proper Clause

Answer 3

The necessary and proper clause is a means to an end and must be rationally related to the implementation of a constitutionally enumerated power.

Question 4

Supremacy Clause

Answer 4

If there is a conflict between state and federal law, federal law will prevail under the Supremacy Clause.

Question 5

Tenth Amendment

Answer 5

Every state has the police power to pass laws for the health, safety, and welfare for its now citizens. There is no federal police power, thus the tenth amendment reserves any powers that are not specifically given to the federal government to the respective states

Question 6

Anti-Commandeering

Answer 6

Under the Tenth amendment, the federal government cannot commandeer the states enact policy solutions/regulate pursuant to federal mandates (2) require state executives/law enforcement to enforce/implement federal law.

Question 7

Dormant Commerce Clause

Answer 7

The dormant commerce clause protects from protectionist legislation. A state cannot pass a law that discriminates against out of state business unless (1) authorized by congress or (2) when the state is acting as a market participant, which means the state is running the industry.

Question 8

Full Faith and Credit

Answer 8

One state’s law must be given full faith and credit by all other states.