Federal Legislative Power

Question 1

Basis’s for Congress to Act

Answer 1

1. Express or implied Congressional Power
2. The necessary and proper clause
3. The taxing and spending power/commerce clause
4. Section 5 of the 14th Amendment.

Question 2

What is the scope of the Commerce Power?

Answer 2

Congress may regulate:

1) The channels of interstate commerce
2) The instrumentalities of interstate commerce
3) The persons and things in interstate commerce
4) Economic activities that have a substantial effect on interstate commerce

Question 3

What kind of vetos are unconstitutional

Answer 3

Legislative vetos and line item vetos

Question 4

What are the limits on Congress’ ability to delegate power

Answer 4

Congress has broad ability to delegate its legislative power

Cannot delegate executive power to itself or its officers