Legislative Power

Question 1

no federal police power except?

Answer 1

in DC, federal lands, military bases, Reservations

Question 2

spending power conditions by congress?

Answer 2

congress can impose conditions on the grant of money to state or local governments (strings); these conditions are valid if 1) they are clearly stated 2) relate to he purpose of the program and 3) are not unduly coercive and 4) do not otherwise violate the Constitution

Question 3

commerce power areas

note 3

Answer 3

regulate the channels of interstate commerce; instrumentalities of interstate commerce or regulate activities that have substantial effect on interstate commerce

Question 4

tenth am limitation on commerce power

Answer 4

congress cant regulate noneconomic activity in areas traditionally regulated by state or local governments

this is the cant have a law criminalizing dv intrastate

Question 5

does the commerce clause give congress power to prohbit private discrimination?

Answer 5

YES

& can also reg states discrim through 14th am enforcement power

Question 6

War powers of Congress

Answer 6

declare war, raise/support armies, provide for and maintain navy
* econ reg during war/postwar to remeedy war disruptions have been upheld
* military courts/tribunals (see more in CMR)

Question 7

congress’s investigatory power

Answer 7

after house authorizes, can subpoena pres for impeachment info, can also find info for legislation

Question 8

less important information

misc. congressional powers

Answer 8

postal power
* power over citizenship re making uniform rules of naturalization (exclusion of aliens, naturalization and denaturalization)
* admiralty power
* powers to coin money and fix weights/measures
* patent/copyright power

Question 9

no legislative vetoes means

Answer 9

congress cant give itself the authority to amend or repeal an existing law without undergoing bicameralism and presentment

Question 10

whats the speech or debate clause

Answer 10

immunity for conduct that occurs in the regular course of the federal legislative process and the motivation behind that conduct are imune from prosecution
DOES NOT COVER: bribes, speeches outside of Congress, republication of a press release or newsletter of a defamatory statement originally made in congress