Federal Legislative Powers

Question 1

What is the Necessary and Proper Power?

Answer 1

In addition to Congress’ enumerated powers, Congress has the power to make any necessary and proper law to execute any power granted to any branch of the federal government

Question 2

What is the Taxing and Spending Power?

Answer 2

Congress has the power to tax (most taxes will be upheld if they bear some reasonable relationship to raising federal revenue)

Congress has the power to spend for the general welfare (usually justified by any public purpose–anything Congress reasonably believes would benefit the public)

Question 3

What is the Commerce Power?

Answer 3

The power to regulate: 1) channels of interstate commerce, 2) instrumentalities of interstate commerce, 3) activities that substantially affect interstate commerce.

Intrastate economic activity falls within Congress’ purview if the activity in aggregate substantially affects interstate commerce. Intrastate non-economic activity usually does not.

Question 4

Does Congress have police powers?

Answer 4

Congress has no general police power, except over DC, federal lands, military bases, and Indian reservations.

Question 5

Does Congress have power over citizenship?

Answer 5

Yes, Congress has exclusive power over naturalization and denaturalization. Congress also has the power to pass laws excluding aliens (such as barring entry due to political beliefs)

Question 6

Can Congress delegate its legislative powers?

Answer 6

Yes, Congress can generally delegate its legislative powers to the executive or judicial branch as long as intelligible standards are set (easily-met threshold), unless it is a unique power (eg. impeach, declare war)

Question 7

What is the Speech or Debate Clause?

Answer 7

Federal legislators are immune from prosecution for things they say during the legislative process (eg. debates in the House or Senate).

Question 8

What are the bicameralism and presentment requirements?

Answer 8

For a law to have force, it must pass both houses in Congress and be presented in whole to the president

Question 9

What is the Property Clause of Article IV, Section 3?

Answer 9

The Property Clause gives Congress the power to dispose of and regulate property belonging to the United States (federal government).

Question 10

What is the General Welfare Clause (Article I, Section 8, Clause 1)?

Answer 10

It gives Congress its spending power, authorizing Congress to spend for the common defense and general welfare.