Congressional Powers

Question 1

Commerce Clause

Answer 1

Empowers congress to regulate commerce i.e. transportation, traffic, tax, spending, etc.

Question 2

Interstate commerce

Answer 2

Congress has the power to regulate:
1) the channels (highways, waterways, airways)
2) the instrumentalities (cars, trucks, ships, airplanes)
3) any activity that substantially affects interstate commerce (so long as it doesn’t infringe on a constitutional right)
Including a substantial economic effect (inter or intra state)

Question 3

Aggregation

Answer 3

Intrastate activity not having a direct economic impact on interstate commerce (growing crops for personal consumption) so long as there’s a rational basis for the activity. Congress can regulate.

Question 4

Non-economic Activity

Answer 4

In order for congress to regulate, the non-economic activity must have a substantial economic effect on interstate commerce.

Question 5

Taxing Power

Answer 5

Tax by congress is generally upheld if it has a reasonable relationship to revenue production (i.e. health care)

Question 6

Indirect Tax

Answer 6

Must be uniform throughout the USA (geographical uniformity, meaning must be taxed identically in every state its found)

• sales taxes
• import taxes

Question 7

Direct Tax

Answer 7

Must be apportioned evenly among the states

Question 8

16th Amendment

Answer 8

Gave Congress the power to lay and collect income tax without apportionment among states

Question 9

Export Taxes

Answer 9

Congress is prohibited from taxing on goods exported to foreign countries

Question 10

Spending Power

Answer 10

Congress has the power to “spend for the general welfare”

Question 11

General Welfare

Answer 11

any public purpose

public funding of presidential nomination conventions and election campaigns…

Question 12

War and Defense Powers

Answer 12

Congress has the power to declare war, raise and support armies, provide and maintain navy, make rules for governing and regulating the land and naval forces, and provide for the organizing of a militia

Question 13

Military Courts

Answer 13

Congress has the power to establish military courts and tribunals under the necessary and proper clause.

Can try enemy soldiers, enemy citizens, members of US armed forces, but NOT US CIVILIANS

Question 14

National Guard

Answer 14

Congress has the power to authorize the President to call National Guard units to execute federal laws, suppress insurrections, and repeal invasions.

Question 15

Investigatory Power

Answer 15

Congress doesn’t have the express power to investigate.

Necessary and Proper clause allows congress broad authority to conduct investigations INCIDENT TO ITS POWER TO LEGISLATE

Question 16

Property Power

Answer 16

Federal Property Clause gives congress the power to dispose of and make all needful rules and regs respecting the territory or other property belonging to the US

5th Amendment let’s congress TAKE private property with just compensation

Question 17

Postal Power

Answer 17

Congress has the EXCLUSIVE power to establish post offices and post roads

Question 18

Power over Aliens and Citizenship

Answer 18

Congress has plenary power over aliens. Aliens have no right to enter the US and may be refused entry for reasons such as their political beliefs

Alien can be removed from USA after notice and removal hearing.

Question 19

Naturalization

Answer 19

Exclusive authority to establish a uniform rule of naturalization

Question 20

14th Amendment

Answer 20

prevents congress from taking away citizenship of a citizen without her consent, unless the citizenship was obtained in bad faith

Question 21

Power over DC

Answer 21

Congress has the power to exercise exclusive legislation in all cases whatsoever. Supreme authority over washington DC and may freely legislate with regard to DC law

Question 22

Elections Clause

Answer 22

Congress can make or alter regulations that are prescribed by state legislature relating to the times, places, and manner of holding elections for senators and representatives that are typically prescribed by each state legislature

Question 23

Necessary and Proper Clause

Answer 23

Congress has the power to enact any legislation necessary and proper to execute any authority granted to any branch of gov. BUT IT’S NOT AN INDEPENDENT SOURCE OF POWER

not a correct choice unless it carries into effect other enumerated powers.

Question 24

13th Amendment

Answer 24

Congress has the power to adopt legislation rationally related to eliminating a racial discrimination among the badges or incidents of slavery.

Regulates private and government action

Congress has the power to eliminate involuntary servitude.

Question 25

14th Amendment

Answer 25

Permits Congress to pass legislation to enforce the Equal Protection and Due Process rights guaranteed by the amendment, but cannot expand those rights or create new ones.

Question 26

14th Amendment: Separation of Powers Doctrine

Answer 26

The job of defining the equal protection/due process rights falls stop the supreme court. In enforcing such rights, there must be a congruence and proportionality between the injury to be prevented or remedied and the means adopted to achieve that end.

Question 27

15th Amendment

Answer 27

Prohibits both the state and federal gov from denying any citizen the right to vote on the basis of race, color, or previous condition of servitude.

Question 28

Congress Qualifications

Answer 28

Set forth in Article 1 and cannot be altered by congress or the states.