Federal Legislative Power

Question 1

Implied powers

Answer 1

Congress may only act if there is express or implied authority to act in the Constitution.
- State and local governments may act unless the Constitution prohibits the action. The exercise of police power is subject to the limits of their state Constitution and the US constitution.
- Police power-> health, safety, welfare of citizens.

Question 2

Necessary and Proper Clause

Answer 2

Congress may choose any means, not prohibited by the Constitution to carry out its other powers. “To make all laws which shall be necessary and proper for carrying into execution of foregoing powers, and all other powers vested by this constitution.”

Question 3

Commerce Clause Power

Answer 3

• If a state and congress both pass conflicting laws regulating interstate commerce, the federal law governs.
• Commerce: includes all phases of business, including navigation
  -Among, concerning more than one state.
• Congress has complete authority to regulate ALL commerce.

Question 4

3 Types of activities Congress can regulate…

Answer 4

Can regulate the use of channels of interstate commerce (hotels, restaurants)
- May legislate to regulate and protect instrumentalities of interstate commerce(persons and things)
- May regulate activities having a substantial relation to interstate commerce.

Question 5

Limits on Commerce Power

Answer 5

Congress cannot regulate a noneconomic activity(violence against women) U.S. v. Morrison

Question 6

Congress can regulate economic activity but not…

Answer 6

Inactivity.

Question 7

Taxing and Spending power

Answer 7

Congress is not limited to taxing and spending only to carry out other enumerated powers.
- Has the broad authority to tax and spend for the general welfare so long as it does not violate other constitutional provisions.

Question 8

Spending conditions on State government grants…

Answer 8

-must be expressly stated
- have some relationship to the purpose of the spending program
- are not unduly coercive