Federal Legislative Powers

Question 1

Congress’ Authority to Act

Answer 1

There must be express or implied Congressional power

The necessary and proper clause

The taxing/spending power

Commerce power

Tenth Amendment Limitation

Section 5 of the Fourteenth Amendment.

Question 2

Congress and Police Powers

Answer 2

Congress has no general police power to adopt laws for the health, safety, and welfare of citizens, EXCEPT to regulate:

• District of Colombia
• Federal Lands and Territories
• Military Bases
• Indian Reservations

Question 3

Necessary and Proper Clause

Answer 3

Congress has the power to make all laws necessary and proper for executing ANY power granted to ANY branch of the Federal Government.

NOTE: Must be linked to another federal power. It cannot support federal law on its own.

Question 4

Taxing and Spending Power

Answer 4

Congress may tax and spend for the general welfare

WATCH OUT FOR CLASHES WITH COMMERCE POWER
- If congress taxes an activity NOT in interstate commerce, still ok under its broad spending/taxing power

Question 5

The Commerce Power

Answer 5

Congress may regulate:
- The channels of interstate commerce (highways, waterways, internet etc.)
- The instrumentalities/persons of interstate commerce (trucks, planes etc.)
- Economic activities that have a substantial effect on interstate commerce (look at cumulative impact, unless a non-economic activity). Court will usually not uphold law if it regulated non-economic activity.

NOTE: Congress cannot regulate inactivity.

Question 6

Tenth Amendment as a Limit on Congressional Powers

Answer 6

All powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people.

Anti-Commandeering Principal: Congress cannot compel state legislative activity

Exceptions: Strings/conditions on grants
- Must be expressly stated,
- Relate to the purpose of the spending program, and
- Cannot be unduly coercive

HOWEVER: Congress may prohibit harmful commercial activity by state governments

Question 7

Congressional Power under the 14th Amendment

Answer 7

Congress may legislate to enforce 14th Amendment
- Can’t create new rights or expand the scope of rights
- Laws must be narrowly tailored (proportional and congruent to wrongs)

Question 8

Congress’ ability to delegate legislative power

Answer 8

No limit exists

Question 9

Legislative and Line Item Vetos

Answer 9

Legislative Veto: When Congress attempts to overturn an executive action without bicameralism or presentment.

Line Item Veto: When the President attempts to veto part of a bill, while signing the rest into law.

Both are unconstitutional.

Congress may not delegate executive power to itself or its officers.