Federal Legislation Powers

Question 1

Constitutional Provision for Congressional Powers

Answer 1

Art. 1, Sect. 8

Question 2

Congress’s express powers

Answer 2

• taxing and spending
• regulating commerce
• establishing uniform naturalization rules and bankruptcy laws
• raising and support military

Question 3

executing laws

Answer 3

NOT Congress

Executive branch is obligated to execute laws passed by Congress

Question 4

speech or debate clause

Answer 4

members of Congress have criminal and civil immunity for “legislative acts”
* Applies to activities and documents essential to legislative duties

Question 5

necessary & proper clause

Answer 5

enables Congress to take any action not constitutionally prohibited to carry out its express powers
* CANNOT violate another provision of Const.

NOTE: this authority constitutes Congress’s implied powers

NOT independent source of power: must be used in conjunction w/ another fed. power
- ET: usually wrong answer b/c not source of congressional power to act

Question 6

taxing & spending power

Answer 6

may tax and spend in any way deemed necessary for the “general welfare”
- very broad power
- taxes must reasonably relate to revenue production (low threshold)

NOTE: cannot directly require purchase but can tax failure to make purchase
- eg health insurance

ET: “general welfare” correct answer ONLY IF question concerns taxing, spending, or an area w/in Congress’s limited police power

Question 7

penalties as taxes

Answer 7

calling a measure a “penalty” rather than a “tax” is valid if it behaves similar to tax

eg ACA individual mandate

Question 8

regulations

Answer 8

Congress can tax to achieve a regulatory effect if:
1. tax’s dominant intent is to raise revenue, and
2. some reasonable relationship between tax + regulation (low burden to satisfy)

Question 9

regulatory spending

Answer 9

Congress can create a regulatory effect by placing conditions on its spending as long as it’s NOT overly coercive

spending conditions
1. clearly stated
2. related + constitutional
3. NOT unduly coercive
eg Medicaid

Question 10

police power

Answer 10

NO general police power

Exceptions
1. military
2. indian reservations
3. fed. land & territories
4. district of columbia

Question 11

power to regulate commerce

Answer 11

Commerce clause gives Congress exclusive authority to regulate interstate commerce
- powers for intrastate depends on nature of activity (economic v. noneconomic)

Can regulate commerce
- w/ foreign nations
- Native american tribes
- among states

Question 12

interstate commerce

Answer 12

“between” states

can regulate channels, instrumentalities, or economic activities that have substantial effect on interstate commerce
- includes person and things in interstate commerce

LIMITS:
1. 10A
2. can’t compel activity (like health insurance)

NOTE: broad power; beware of answers suggesting Congress has acted beyond its commerce power concerning interstate activity

Question 13

instruments

Answer 13

planes, trains, cars, people
(how things move)

Question 14

channels

Answer 14

highways, telephone lines, etc.
(infrastructure for interstate movement)

Question 15

instrastate commerce

Answer 15

“within” states

• Economic activities: IF rational basis to conclude that activity (in aggregate) substantially affects interstate commerce
• Non-economic activities: IF has direct, substantial economic effect on interstate commerce (tougher burden to satisfy)

Question 16

purely local economic effects

Answer 16

when aggregate substantially effects interstate commerce

Question 17

dormant commerce clause

Answer 17

limits state laws burdening interstate commerce
(ie, interfereing w/ Congress’s commerce power)

Question 18

10A limits on Congressional power

Answer 18

all powers not granted to fed. govt nor prohibited to states are reserved to the states
- limits Congress’s ability to regulate and/or tax states alone

Eg, Congress cannot require states to enact laws or administer fed law or regulate noneconomic activities traditionally regulated by states
EXCEPT: civil rights: Congress may restrict state activities that violation civil rights

Question 19

conditional grants

Answer 19

can induce (but not compel) state regulatory or legislative action through the use of conditional grants

Requirements
1. condition must be expressly stated,
2. condition must relate to purpose of law at issue, and
3. condition cannot be unduly coercive

eg, fed. highway funds conditioned on states maintaining a minimum drinking age of 21

Question 20

delegation powers

Answer 20

has broad authority to delegate legislative powers to executive officers and administrative agencies
- administrative agencies established by congressional enabling acts can create rules that have status of law

Question 21

limits on delegation powers

Answer 21

1. must provide intelligible standards to define the scope of legislative authority it delegates
2. cannot delegate executive or judicial powers to itself or its officers
   - cannot create commissions that enforce or prosecute violation of laws

NOTE: b/c delegation power is broad, be wary of answer choices regarding excessive delegation as a limitation on congressional authority

Question 22

legislative & line-item vetos

Answer 22

both unconstitutional

Legislative veto: cannot veto a decision by an agency acting pursuant to delegated power
- Pass another law: must be overturned by enacting superseding law

Line-item veto: President cannot veto part of a bill, would be impermissible delegation of power to president
- president must sign or veto a bill in its entirety

bicameralism + presentment
- no line item veto
- no legislative veto (must pass another law)