Federal Legislative Power Flashcards

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1
Q

Source of Federal Legislative Power

A

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.

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2
Q

Necessary and Proper Clause

A

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.

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3
Q

Enumerated Powers

A
Taxing and Spending Power
Commerce Power
Citizenship
Bankruptcy
Federal Property
Patents and Copyright
Post Offices
Coining Money
Declaring War
Raising and Supporting Armies
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4
Q

Taxing and Spending Power

A

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.

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5
Q

Commerce Power

A

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.

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6
Q

Delegation of Congressional Power

A

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

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7
Q

No Presidential Line Item Veto of Congress’ Laws

A

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.

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8
Q

Bicameralism

A

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

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9
Q

Presentment

A

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

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