Legislative Power

Question 1

Three Main Powers of Congress Tested on Exam

Answer 1

(1) Commerce
(2) Spending
(3) Taxing

Question 2

Commerce Power

Answer 2

Almost anything can be regulated as interstate commerce

Question 3

Commerce Power: Interstate Commerce

Answer 3

Power to regulate:

(1) CHANNELS (highways, seaways, airways, etc.);
(2) INSTRUMENTALITIES (cars, trucks, railroads, ship, etc.); and
(3) Any activity that SUBSTANTIALLY AFFECTS interstate commerce

Question 4

Commerce Power: Substantial Effect

Answer 4

Question is whether the aggregate activity of everyone doing the same thing has a substantial effect on interstate commerce

Answer is almost always yes

Question 5

Commerce Power: Non-Economic INTRASTATE Activity

Answer 5

To regulate non-economic intrastate activity, the activity must have a substantial effect on interstate commerce

Question 6

Taxing Power

Answer 6

Tax by Congress will be upheld if REASONABLY RELATED to revenue production

Question 7

Spending Power

Answer 7

Congress has power to spend for the general welfare

Includes conditional federal funding

Question 8

Anti-Commandeering

Answer 8

Congress cannot force states to adopt or enforce federal regulatory programs

Question 9

Ban on Slavery

13th Amendment

Answer 9

Congress has power to adopt legislation rationally related to eliminating racial discrimination

Question 10

Equal Protection and Due Process

14th Amendment

Answer 10

Permits Congress to pass legislation to enforce equal protection and due process rights

CANNOT EXPAND THOSE RIGHTS

Must have CONGRUENCE AND PROPORTIONALITY between remedial law enacted and constitutional right

Question 11

Voting

15th Amendment

Answer 11

Congress has power to ensure no racial discrimination in voting