Legislative Power

Question 1

Legislative power comes from:

Answer 1

Article I

Question 2

List (2)

Congress’s powers are:

Answer 2

1. Enumerated powers (A1 §8)
2. Implied powers (A1 §8)
   
   1. Necessary and Proper
   2. Taxing and spending
   3. Commerce Clause

Question 3

Necessary and Proper clause

Answer 3

Gives Congress power to enact any legislation “necessary and proper” to carry out its enumerated powers

Question 4

think “couple”

Is the Necessary and Proper clause enough to stand on its own to give Congress the ability to make a law to carry out its legislative powers?

Answer 4

No. It must work in conjunction with/linked to another federal power

Question 5

List (4)

Spending power conditions

IOW: Congress can regulate states by imposing conditions on grants of money to state/local governments without violating the 10th A if conditions are:

Answer 5

1. Clearly stated
2. Related to purpose of program
3. NOT unduly coercive
4. Do not violate consitution

Question 6

list (2)

Federal taxes are generally valid if:

Answer 6

1. they bear some reasonable relationship to revenue production
2. promote general welfare

Question 7

list (2)

Most commonly tested congressional powers:

Answer 7

1. Taxing and Spending
2. Regulation of all foreign and interstate commerce

Question 8

Congress has the power to regulate _______ commerce

Answer 8

interstate commerce (btwn states)

Question 9

What can commerce clause give Congress the power to regulate

Answer 9

1. interstate commerce
2. intrastate commerce
   
   • Economic activities: must substantially affect commercial activity in the aggregate
   • Non-economic activities: must substantially and directly affect commercial activity (higher burden)

Question 10

list (4)

In order for Congress to regulate interstate commerce, the law must regulate:

Answer 10

1. Channels - regulate channels of interstate commerce (highways, waterways, phone lines, internet … )
2. Instrumentalities - regulate instrumentalities ^{(planes, cards, trains)} + persons + things
3. Articles - regulate articles moving interstate - OR -
4. Activities - regulate activities that have a substantial effect on interstate commerce

Question 11

In order for Congress to regulate intrastate commerce, the law must affect:

Answer 11

1. Economic activities: must substantially affect* commercial activity in the *aggregate
2. Non-economic activities: must substantially and directly* affect *commercial activity (higher burden)

Question 12

list (2)

Exceptions to commerce clause

(iow: states can discriminate against out-of-state competition)

Answer 12

1. state acts as a market participant
2. regulation furthers important, noneconomic state interest (i.e. health or safety) and there are no reasonable alternative

Question 13

*RBT*

When can Congress regulate an intrastate activity?

Answer 13

If it an show a rational basis that the activity in its aggregate will affect interstate

Question 14

What test is used when analyzing if Congress has Taxing and Spending power

Answer 14

RBT

Question 15

10^th Amendment limitation for Congress regulating intrastate activity

Answer 15

cannot regulate noneconomic intrAstate activity

traditionally regulated by state or local govt

(i.e. criminalizing intrastate DV)

Question 16

Activity vs. Inactivity for Commerce Clause

Answer 16

Commerce clause allows Congress to regulate existing activity

Cannot compel activity

Question 17

Line item veto

Answer 17

President can only approve/reject bill as a whole

Question 18

list (2)

Legislative powers can be delegated to another branch if

Answer 18

1. Intelligible standards -AND-
   
   1. iow: the way the power is being delegated to the other branch is a way that is understood by both branches
2. Not a power uniquely confined to Congress

Question 19

list (2)

To pass a law Congress needs

Answer 19

1. bicameralism (bill passed by senate and HOR)
2. presentment (present bill to President for signature or veto)