Federal Legislative Power

Question 1

In order for Congress to act, it must have either . . .

Answer 1

Express or implied power

Question 2

Congress does/doesn’t possess a general, federal police power.

Answer 2

Doesn’t

Question 3

Congress’ federal police power is limited to. . . (4).

Pneumonic

Answer 3

MILD

Military
Indian Reservations
Lands and Territory (Federal)
District of Columbia

Question 4

What does the necessary and proper clause give Congress the power to do?

Answer 4

Use any means not prohibited by the Constitution to carry out its powers.

Question 5

Congress may ___ and _____ for the general welfare

Answer 5

Tax and Spend

Question 6

Congress may regulate the ____ and _____ of interstate commerce, as well as the ______ or ______ IN interstate commerce.

Answer 6

Channels

Instrumentalities

Persons or Things

Question 7

True of false? The internet is not considered a channel or instrumentality of interstate commerce.

Answer 7

False.

Question 8

Congress may regulation activities that have a what on interstate commerce?

Answer 8

Substantial effect.

Question 9

In the area of non-economic active, a substantial effect on interstate commerce CANNOT be based on ____ ______.

Answer 9

Cumulative impact

Question 10

Can Congress regulation commercial inactivity?

Answer 10

No

Question 11

The ____ Amendment states that all powers not granted to the US, nor prohibited to the state, are reserved to the states or the people

Answer 11

Tenth

Question 12

The Tenth Amendment says what?

Answer 12

all powers not granted to the US, nor prohibited to the state, are reserved to the states or the people

Question 13

Can Congress compel state regulatory or legislative action?

Answer 13

No

Question 14

Congress can induce state gov’t action by doing what?

AS LONG AS . . .

Answer 14

Putting strings on grants

As long as the conditions are expressly stated and relate to the purpose of the spending program.

Question 15

If there is an express condition placed on a federal grant to state gov’t, it cannot be . . .

Answer 15

Unduly coercive.

Question 16

Congress may/may not create new rights and/or expand the scope of rights under Secton 5 of the 14th Amendment.

Answer 16

May not.

Question 17

Under Section 5 of the 14th Amd., Congress may act only to . . .

Answer 17

Prevent or remedy violations of rights recognized by the courts.

Question 18

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?

Answer 18

Congruent and proportional

City of Boerne v. Flores

Question 19

How is Congress’ ability to delegate legislative power limited?

Answer 19

It’s not. No limits exist on this ability.

Question 20

Legislative vetoes and Line-Item Vetoes are/aren’t constitutional.

Answer 20

Are not

Question 21

For Congress to act, there must always be what two features?

Answer 21

Bicameralism (passage by both houses) and

Presentment (giving the bill to the POTUS)

Question 22

Congress may/may not delete executive power to itself or its officers.

Answer 22

May not.