Federal Legislative Power

Question 1

What are the three most tested powers giving Congress authority to act?

Answer 1

Taxing, Spending, and Commerce

Question 2

What are the exceptions to the rule that Congress does not have police power?

Answer 2

MILD

1. Military
2. Indian Reserves
3. (Federal) Lands
4. District of Columbia

Question 3

What is the Necessary and Proper clause?

Answer 3

Gives Congress the power to adopt all laws that are necessary and proper to exercise its expressly or impliedly granted constitutional authority.

Question 4

What is the purpose Congress may use to tax and spend?

Answer 4

For the general welfare.

Question 5

When may Congress act for the general welfare (remember, essentially no police power)?

Answer 5

Through taxing and spending

Question 6

What are the three areas where Congress can regulate commerce?

Answer 6

1. between the US and foreign nations
2. between the US and Indian tribes
3. among the US states

Question 7

What are the types of things Congress can regulate with its commerce power?

Answer 7

1. Channels of interstate commerce (waterways, highways, the internet)
2. Instrumentalities of interstate commerce (trucks, planes, phones)
3. Economic activities that have a substantial effect on interstate commerce
4. Non-economic activities that have a substantial impact on interstate commerce

Question 8

Can cumulative impact be used to measure economic and/or non-economic activities’ effect on interstate commerce?

Answer 8

Economic activity: yes
Non-economic activity: no
(Think Morrison and the Violence Against Women Act)

Question 9

What limit does the 10th Amendment place on congressional power?

Answer 9

All powers not granted to the federal government, nor prohibited to the states, are reserved to the states or the people.

Question 10

What is the anti-commandeering rule?

Answer 10

Congress cannot compel state regulatory or legislative action to achieve its goals.

Question 11

When can Congress attach conditions to a state’s acceptance of federal money?

Answer 11

1. When the conditions are expressly stated, and

2. The conditions relate to the purpose of the spending program

Question 12

May Congress prohibit states from engaging in harmful commercial activity?

Answer 12

Yes.

Example: selling DMV lists to make money.

Question 13

May Congress delegate legislative powers?

Answer 13

Yes, the power to delegate congressional power is unlimited.

Question 14

What is the constitutional status of a legislative veto?

Answer 14

Unconstitutional. There must be both bicameralism and presentment.

Question 15

May the President veto one part of a bill, but approve the rest?

Answer 15

No. Line-item vetos are unconstitutional.

Question 16

May Congress delegate Executive power to itself or others?

Answer 16

Never.