Legislative Power

Question 1

Most important source of legislative power and main powers?

Answer 1

Article 1, Section 8 of Constitution

Commerce Power
Taxing Power
Spending Power
War Power

Question 2

Necessary & Proper Clause

Answer 2

To make all laws which shall be necessary and proper for carrying into execution the forgoing powers.
(Art 1, Sect 8-18)

Question 3

Most important N&P Case?

Answer 3

McCulloch v. Maryland

Question 4

Main facts of McCulloch v. Maryland?

Answer 4

The State of Maryland sued the Maryland branch of the Bank of the United States for non-payment of state taxes levied against it.

Question 5

Cases relating to Prong 1 of Perez. (Regulating the channels of interstate commerece)

Answer 5

Darby, Heart of Atlanta Motel

Question 6

Cases relating to regulating intrastate activities that substantially affect interstate commerce

Answer 6

Darby, Wickard, Perez, Heart of Atlanta

Question 7

What is the difference between a formal and functional approach to the commerce clause?

Answer 7

Formal: is the activity commerce vs manufacturing or economic vs noneconomic.

Functional: is there a national policy needed to address an important economic concern