legislative power

Question 1

Federal legislative power

Answer 1

1. Congress’s authority to act

2. Delegation of powers

Question 2

Federal legislative power

Congress’s authority to act

Answer 2

1. There must be express or implied Congressional power (no general federal police power
2. Necessary and Proper Clause (Art I, sec 8)
3. Taxing and spending power and commerce power
4. 10th AMD
5. 14th AMD, sec 5

Question 3

Federal legislative power
Congress’s authority to act
police power

Answer 3

Congress has limited federal police power over Military, Indian reservations, federal Lands and territories, and DC (MILD)

Question 4

Federal legislative power
Congress’s authority to act
Necessary and Proper Clause

Answer 4

Under the Necessary and Proper Clause, Congress may enact all laws necessary and proper to carry out its authority by any means not prohibited by the Constitution to carry out those powers.

Question 5

Federal legislative power
Congress’s authority to act
taxing and spending power

Answer 5

Congress may tax and spend for the general welfare.

Question 6

Federal legislative power
Congress’s authority to act
Commerce power

Answer 6

Commerce Clause gives Congress power to regulate commerce with foreign nations, Indian tribes, and among the states.

Question 7

Federal legislative power
Congress’s authority to act
Commerce power
3 categories of regulations

Answer 7

The 3 categories of regulation authorized under the Commerce clause are:

1. channels of interstate commerce
2. instrumentalities of interstate commerce and
3. activities that substantially affect interstate commerce

Question 8

Federal legislative power
Congress’s authority to act
10th AMD

Answer 8

The 10th AMD is a limit on Congressional power
The 10th AMD states that all powers not granted to the US nor prohibited to the states are reserved to the states or the people.

Question 9

Federal legislative power
Congress’s authority to act
10th AMD limitations

Answer 9

1. Congress cannot compel state regulatory or legislative action. It can induce state government action by putting strings on grants, so long as the conditions are 1) expressly stated, 2) relate to the purpose of the spending program, and 3) not unduly coercive.
2. Congress may prohibit harmful commercial activity by state governments (i.e. DMV list distributions)

Question 10

Federal legislative power
Congress’s authority to act
14th AMD, sec 5

Answer 10

Congress may not create new rights or expand the scope of rights.
Congress may act ONLY to prevent or remedy violations of rights recognized by the courts AND such laws must be proportionate and congruent to remedying constitutional violations.

Question 11

Federal legislative power

delegation of powers

Answer 11

1. No limit exists on Congress’s ability to delegate legislative power
2. Congress may not delegate executive power to itself or its officers
3. impermissible vetos

Question 12

Federal legislative power

delegation of powers - impermissible vetos

Answer 12

Legislative veto - For Congress to act, there must always be bicameralism (both houses must pass)
Line item veto - President must sign or veto the bill IN ITS ENTIRETY