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
Military (inc. laws governing policy on military land)
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

NOTE: Some powers are uniquely confined to Congress

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

How must federal taxes be instituted among states?

Answer 6

Uniformly

Question 7

When can Congress deny alien combatant habeas?

Answer 7

When there has been meaningful sub

Question 8

The Commerce Clause allows Congress to regulate what?

Answer 8

Activities that have a substantial economic effect on, or effect on movement in, interstate commerce

Question 9

What are limits on Congress’s investigative powers?

Answer 9

Must be limited to matter on which Congress can legislate.