Fed Legislative Pwr

Question 1

What are the 5 main categories of congressional pwr?

Answer 1

1) Taxing/spending pwr: Congress may tax/spend for the “general welare” (this is NOT the pwr to promote the general welfare, sans taxing) 2) Commerce pwr: can regulate commerce (i) w/ foreign nations, (ii) indian tribes; AND (iii) among the states; Congress may regulate… the channels of interstate commerce (e.g., highways, waterways, the Internet) the instrumentalities of interstate commerce (i.e. persons or things in interstate commerce, like trucks, planes or phones) economicINTRAstateactivities that have a substantial (cumulative) affect on interstate commerce (NOTE: cumulative impact cannot be based on NON-economic activity) non-economic INTRAstate activities where Congress can FACTUALLY SHOW a subtstantial economic effect on interstate commerce 3) §5 of 14Am 4)Ltd police pwrs = re: “M-I-L-D” categories ONLY Military Indian reservations Lands (federal) District of Columbia (D.C.) 5) Necessary & Proper Cl: Congress can adopt all laws that are “necessary and proper” to exercise its EXPRESS/IMPLIED authority (as per above)

Question 2

Can Congress compel state regulatory or legislative action?

Answer 2

NO! Under the 10th Am (reserving to states pwrs that are not granted to the US), Congress CANNOT compel state regulatory or legislative action, BUT… Congress CAN induce state gov’t action by putting strings on grants(p/t Spending pwr), SO LONG AS the conditions are EXPRESSLY stated and RELATE to the purpose of the spending program Congress may prohibit HARMFUL commercial activity by state gov’ts (e.g. state’s can’t release personal information of patients)

Question 3

What can Congress delegate legislative pwr (to an ind. agency for e.g.)?

Answer 3

ALMOST ANYTHING!(as long there is an intelligible principle) EXAM TIP: the non-delegation answer is almost ALWAYS wrong

Question 4

When are legislative vetos and line item vetos allowed?

Answer 4

NEVER! They are unconst. Legislative veto: For Congress to act, there MUST be bicameralism (passage by both houses) AND presentment (veto/non-veto by POTUS) Line-item veto: POTUS must sign or veto the bill in ITS ENTIRETY; NOT allowed to strike certain provisions

Question 5

Is Congress allowed to delegate Executive pwr to itself?

Answer 5

NO! Congress can GIVE pwr (delegation to agencies), BUT CAN NEVER take away pwr from another branch

Question 6

What is the The Thirteenth Amendment

Question

A proposed federal statute would prohibit all types of discrimination against black persons on the basis of their race in every business transaction executed anywhere in the United States by any person or entity, governmental or private. Is this proposed federal statute likely to be constitutional?

Answers

Yes, because it could reasonably be viewed as an exercise of Congress' authority to enact laws for the general welfare.
Yes, because it could reasonably be viewed as a means of enforcing the provisions of the Thirteenth Amendment.
No, because it would regulate purely local transactions that are not in interstate commerce.
No, because it would invade the powers reserved to the states by the Tenth Amendment.

Answer 6

NB - (This is the only amendment that authorizes Congress to regulate purely private conduct.)

Rationale:

Answer choice B is correct. The Thirteenth Amendment gives Congress the power to adopt legislation rationally related to eliminating racial discrimination. This power has been broadly interpreted to allow Congress to regulate both private and government action and is the only Amendment that authorizes Congress to regulate purely private conduct. Therefore, the proposed statute would be constitutional. Answer choice A is incorrect because there is no Congressional power to legislate for the general welfare. Answer choice C is incorrect because, even if the statute is not authorized under the Commerce Clause, it is authorized by the Thirteenth Amendment. Answer choice D is incorrect because the Tenth Amendment reserves to the states only the powers that are not specifically given to the federal government, but the power to eliminate racial discrimination has been delegated to Congress.

States (not Congress^^^) are constitutionally forbidden from facilitating or authorizing discrimination, but they are not required to make discrimination illegal