Federal Legislative Power Flashcards
In order for Congress to act, it must have either . . .
Express or implied power
Congress does/doesn’t possess a general, federal police power.
Doesn’t
Congress’ federal police power is limited to. . . (4).
Pneumonic
MILD
Military
Indian Reservations
Lands and Territory (Federal)
District of Columbia
What does the necessary and proper clause give Congress the power to do?
Use any means not prohibited by the Constitution to carry out its powers.
Congress may ___ and _____ for the general welfare
Tax and Spend
Congress may regulate the ____ and _____ of interstate commerce, as well as the ______ or ______ IN interstate commerce.
Channels
Instrumentalities
Persons or Things
True of false? The internet is not considered a channel or instrumentality of interstate commerce.
False.
Congress may regulation activities that have a what on interstate commerce?
Substantial effect.
In the area of non-economic active, a substantial effect on interstate commerce CANNOT be based on ____ ______.
Cumulative impact
Can Congress regulation commercial inactivity?
No
The ____ Amendment states that all powers not granted to the US, nor prohibited to the state, are reserved to the states or the people
Tenth
The Tenth Amendment says what?
all powers not granted to the US, nor prohibited to the state, are reserved to the states or the people
Can Congress compel state regulatory or legislative action?
No
Congress can induce state gov’t action by doing what?
AS LONG AS . . .
Putting strings on grants
As long as the conditions are expressly stated and relate to the purpose of the spending program.
If there is an express condition placed on a federal grant to state gov’t, it cannot be . . .
Unduly coercive.
Congress may/may not create new rights and/or expand the scope of rights under Secton 5 of the 14th Amendment.
May not.
Under Section 5 of the 14th Amd., Congress may act only to . . .
Prevent or remedy violations of rights recognized by the courts.
When Congress is acting pursuant to its Sec. 5, 14th Amendment power to prevent or remedy violations of rights recognized by the courts, such prophylactic legislation must be _______ and ________ to remedying the constitiutional violation. CASE?
Congruent and proportional
City of Boerne v. Flores
How is Congress’ ability to delegate legislative power limited?
It’s not. No limits exist on this ability.
Legislative vetoes and Line-Item Vetoes are/aren’t constitutional.
Are not
For Congress to act, there must always be what two features?
Bicameralism (passage by both houses) and
Presentment (giving the bill to the POTUS)
Congress may/may not delete executive power to itself or its officers.
May not.
