Federal Legislative Power Flashcards

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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

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2
Q

commerce power

A

congress may resulate

  1. the channels of interstate commerce (highways)
  2. instrumentalities of interstate commerce (trucks, internet, etc) and persons or things in interstate commerce
  3. activities that have a substantial effect on interstate commerce (if non-economic activity, a substnatial effect canno tbe based on cumulative effect)
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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

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4
Q

delegation of powers

A

can delegate whatever the eff it wants

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5
Q

legis. vetos and line item vetos

A

unconst.

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6
Q

How does congress act?

A

bicameralism

  1. paassage by house and senate
  2. presentment - giving bill to pres to sign or veto

pres must sign or veto in entirety

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