Federal Legislative Power Flashcards
Delegation of Legislation Power
Congress has broad discretion to delegate its legislative power to executive officers or administrative agencies. However, Congress must provide some standards to the guide the exercise of its discretion.
Taxing & Spending Power
Congress may spend federal monies for the general welfare provided the spending is reasonably related to a legitimate federal interest.
Taxing & Spending Power/Conditions
Congress may attach any reasonable conditions to the expenditure it desires.
Police Power
State and local governments have police power, the authority to legislate for the welfare of their citizens.
Police Power/Exception
Except for legislating for the District of Columbia, Congress do not have police power.
Commerce Power
Congress has exclusive power to regulate interstate commerce.
Commerce Power/Commerce Define
Commerce is all activity affecting two or more states, which includes traffic or transportation. Vehicular transportation is not required. Any transmission across state lines is sufficient.
Commerce Power/Substanital Effect
Congress has the power to regulate any channels, instrumentalities, or activities that has a substantial economic effect or effect in the movement of interstate commerce. This includes the power to control the production of items having a substantial economic impact on interstate commerce
Commerce Power/Foreign Commerce
Congress has exclusive power to regulate foreign commerce, and Congress may delegate this power to the President.
10th Amendment
The 10th Amendment is no longer used to limit Congressional action.