Federal Legislative Power Flashcards
1
Q
Congressional power
A
must be express or implied
NO federal police power
has power for police in DC, military, indian reservation, federla land and DC
necessary and proper clause
Tax/spending power and commerce power - may tax and spend for the general welfare
2
Q
commerce power
A
congress may resulate
- the channels of interstate commerce (highways)
- instrumentalities of interstate commerce (trucks, internet, etc) and persons or things in interstate commerce
- activities that have a substantial effect on interstate commerce (if non-economic activity, a substnatial effect canno tbe based on cumulative effect)
3
Q
10A
A
limits congress’s power
all powers not granted to US are reserved to state
Congress cannot compel state reuglatory or legislative action
4
Q
delegation of powers
A
can delegate whatever the eff it wants
5
Q
legis. vetos and line item vetos
A
unconst.
6
Q
How does congress act?
A
bicameralism
- paassage by house and senate
- presentment - giving bill to pres to sign or veto
pres must sign or veto in entirety