Federal Leglislative Power

Question 1

Necessary and Proper Clause

Answer 1

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Question 2

Commerce Clause

Answer 2

To regulate commerce with foreign nations, and among the several states, and with the Indian tribes

Question 3

Three General Areas of Regulation (Commerce Clause)

Answer 3

(1) Channels of interstate commerce
(2) Instrumentalities, persons or things in interstate commerce
(3) Activities with a substantial relationship, and substantial impact on interstate commerce

Question 4

Factor: Economic Activity

Answer 4

Conduct that is not economic cannot be regulated under the clause—United States v. Lopez (school-zone). But intrastate activities, such as producing or manufacturing goods, are directly related to interstate commerce—United States v. Darby.

Question 5

Anti-Commandeering Doctrine / Prohibited State Government Regulations: Defined

Answer 5

Cong. is prohibited from enforcing legislations that place mandatory requirements on state actors as states, in a way that impairs fundamental values of dual sovereignty and federalism

Question 6

Anti-Commandeering Analysis (10th Amendment)

Answer 6

1. Regulate states as states (Reno v. Condon)
2. Address matters indisputably attributed to state sovereignty (New York v. US (compelling state action))
3. Directly impairs the state’s ability to structure integral operations in areas of traditional government functions
4. Not of such nature that the federal interest justifies state submission (Murphy v. NCAA)

Question 7

Rational Basis Test

Answer 7

1. Whether the purpose of the regulation is legitimate (to the ends)
2. Whether the means chosen to regulate are rational

Question 8

Taxing and Spending Clause

Answer 8

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.

Question 9

Spending Power: Conditions on Funds

Answer 9

1. Must be in pursuit of the general welfare
2. Conditions on funds must be done unambiguously, allowing states to knowingly participate, cognizant of the consequences of participation
3. The conditions must be related to Congress’s purpose in granting the federal funding,
4. The conditions must not be used to induce states to commit unconstitutional acts
5. The financial inducement offered to the states by Congress cannot be so coercive as to pass the point at which pressure turns into compulsion.

Question 10

Congressional Madates

Answer 10

Congress may not force parties to engage in commerce or coerce states into particular conduct.