Federal legislative powers

Question 1

Commerce Clause

Answer 1

gives Congress authority to regulate interstate commerce

Question 2

interstate commerce

Answer 2

BETWEEN states

Congress may regulate channels, instrumentalities, or economic activities with a substantial effect on interstate commerce

Question 3

intrastate commerce

Answer 3

WITHIN states

ECONOMIC: Congress may regulate if there’s a rational basis to conclude that the activity substantially affects interstate commerce

NON-ECONOMIC: Congress may only regulate if direct, substantial economic effect on interstate commerce

Question 4

taxing and spending power

Answer 4

Congress may tax and spend in any way deemed necessary for the “general welfare”

Question 5

taxing to achieve regulatory effect

Answer 5

Congress can tax if:
1) tax’s dominant intent is to raise revenue; and
2) some reasonable relationship between tax and regulation

Question 6

police power

Answer 6

no general police power, except for legislation concerning:
1) military
2) Indian reservations
3) land
4) District of Columbia

Question 7

conditional grant requirements

Answer 7

1) condition must be expressly stated
2) condition must relate to purpose of law at issue
3) condition not unduly coercive

Question 8

limits on delegation of legislative powers

Answer 8

1) Congress must provide intelligible standards
2) Congress may not delegate executive/judicial powers to itself/its officers