Federal Legislative Power

Question 1

Congressional Powers

Answer 1

1. Taxing
2. Spending
3. Commerce

All powers must be either express or implied

Question 2

Exceptions where Congress has a police power

Answer 2

1. Military (necessary and proper)
2. Indian Reservations
3. Lands (federal lands)
4. Establishment of the District of Columbia

Question 3

Necessary and Proper

Answer 3

Article I, Section 8. Congress can adopt all laws that are necessary and proper to exercise its authority.

Question 4

Taxing & Spending Power

Answer 4

Congress may tax for the general welfare

Question 5

Commerce Clause

Answer 5

• Can Regulate commerce with foreign nations, Indian Tribes and Among the states
• May regulate channels of interstate commerce. Channels are the places where commerce occurs such as highways, waterways, internet, etc.
• May regulate the instrumentalities of interstate commerce and persons or things in interstate commerce
• Congress may regulate economic activities that have a substantial effect on interstate commerce (in the area of non-economic activity, a substantial effect cannot be based on cumulative impact)
  
  • Wickard–cumulative–farmers growing wheat for personal use
  • VAWA–non-economic, not allowed to do cumulative

Question 6

10th Amendment

Answer 6

• All powers not granted to the United State, nor prohibited to the states, are reserved to the states or people
• Congress cannot compel state regulatory or legislative action
  
  • although they may create inducements by putting strings on grants as long as conditions are expressly staed and relate to the purpose of the spending program
• Congress may prohibit harmful commercial activity by state governments

Question 7

Delegation of Powers by Congress

Answer 7

1. No limits exists on Congress’ ability to delegate legislative power
2. Congress may not delegate executive poewr it itself or its officers
3. LEgislative vetoes and line-item vetoes are unconstitutional. For Congress to act, there always must be bicamerialism and presentment. President must sign bill in its entirety