Federal Legislative Power

Question 1

Source of Federal Legislative Power

Answer 1

The power for congress comes from Article I Section 8. However, Congress’ power is specifically limited to those things enumerated in the constitution. Congress has no general police power to pass laws.

Question 2

Necessary and Proper Clause

Answer 2

While not an independent basis of legislative power, it does allow congress to choose any rational means to carry out an enumerated power, so long as the means of doing so is not prohibited by the constitution.

Question 3

Enumerated Powers

Answer 3

Taxing and Spending Power
Commerce Power
Citizenship
Bankruptcy
Federal Property
Patents and Copyright
Post Offices
Coining Money
Declaring War
Raising and Supporting Armies

Question 4

Taxing and Spending Power

Answer 4

Congress may tax and spend to provide for the general welfare, including any public purpose not prohibited by the constitution, even if it’s not within an enumerated power.

Question 5

Commerce Power

Answer 5

Congress may regulate commerce with foreign nations, Indian tribes, and among the states.

Congress may regulate the channels, instrumentalities, and anything that has a substantial effect on interstate commerce.

Question 6

Delegation of Congressional Power

Answer 6

Congress may delegate legislative power as long as some intelligible principle guides exercise of delegated power.

Question 7

No Presidential Line Item Veto of Congress’ Laws

Answer 7

The president used to be able to cross out lines on bills he didn’t like. They ruled he cannot do that anymore because it violates bicameralism and presentment.

Question 8

Bicameralism

Answer 8

The requirement that a bill be passed by both chambers of congress.

Question 9

Presentment

Answer 9

Giving a bill in its entirety. to the president to sign or veto.