Federal Legislative Power

Question 1

What limits Congress’ Authority to Act?

Answer 1

there must be an express or implied Congressional Power.

Question 2

What is Congress’ Police Power?

Answer 2

No general federal police power (reserved for state/local govs, who can do anything except what is prohibited by constitution ie blanket tax). Congress only has police power for Military, Indian res, Land (federal) or DC [MILD].

Question 3

Necessary & Proper Clause

Answer 3

Art 1, § 8: Congress can adopt all laws that are n/p to carry out its authority (raise army/navy, declare war).

Question 4

Taxing & Spending Power

Answer 4

1. Congress may tax (reasonably related to revenue production) and spend (any public purpose) for the general welfare (only buzz for tax/spend or federal police power)
2. Implements change by making allocations of $ available on conditions of adopting uniform laws, etc.

Question 5

Commerce Clause

Answer 5

Congresses power over ISC is plenary and pervasive. Power to regulate (hit all)

1. Channels of interstate commerce (places where commerce goes on, ie hwys, waterways, internet)
2. Instrumentalities of interstate commerce and persons or things in interstate commerce (things that implement commerce, trucks, planes, people, internet)
3. Economic activities that, in the aggregate, have a substantial effect on interstate commerce [cumulative impact] can include purely intrastate matters] (small amounts of medicinal marijuana) (In areas of non-economic activity, a substantial effect cannot be based on cumulative impact).

Question 6

Property Power

Answer 6

Art. IV § 3 give Congress express power to dispose of all property.

Question 7

10th Amendment Limit on Congressional Powers

Answer 7

All powers not grated to the US, not prohibited to the states, are reserved to the states or the people.

1. Congress cannot compel state regulatory or legislative action.* BUT, Congress can induce state gov action by putting strings on grants, so long as conditions are expressly stated and relate to purpose of the program
2. Congress may prohibit harmful commercial activity by state government.

Question 8

Congress’ Power under § 5 of the 14th Am

Answer 8

Congress may not create new rights or expand the scope of rights.
1. Congress may act only to prevent or remedy violations of rights recognized by the cts and such laws must be “proportionate” and “congruent” to remedying proven constitutional violations.

Question 9

Congress Delegation of Powers

Answer 9

A. No limit on Congress’ ability to delegate legislative power. (But, Congress may NOT delegate exec power to self)
B. Legislative and line-item vetoes are Unconstitutional. For Congress to act, there always must be bicameralism (passage by both the House and Senate) and presentment (giving the bill to the President to sign or veto). President must sign or veto the bill in its entirety.