Legislative Power

Question 1

Neccesary and Proper Clause

Answer 1

-Article I, Sec. 8
Congress has the power to make all laws neccessary and proper for executing any power granted to any brach of the federal govt.

-N & P Clause alone cannot support federal law and must be linked to another federal power.
-Thus, any answer choice that states
1. A law is supported by the N&P clause
OR
2. A law Is valid under Congress’s power to enact legislation under the N&P Clause
Will be incorrect unless another federal power is linked to it .

Question 2

Taxing Power

Answer 2

-Tax and spend for the general welfare

• Congress’s power to tax will be upheld if:
  1. It bears some reasonable relationship to the revenue production, OR
  2. Congress has power to regulate the activity being taxed.

Question 3

Commerce Power

Answer 3

Congress has exclusive powert to regulate interstate commerce which includes:

(1) channels of interstate commerce;
(2) instrumentalities of interstate commerce; or
(3) activities that have a substantial effect on interstate commerce.

Question 4

Commerce Power - Regulating Activities That Have a Substantial Effect on Interstate Commerce

Answer 4

• Court will still uphold Congress regulating intrastate activity if it is economic or commercial activity and can conceive of a rational basis in which the aggregate substantially affects interstate commerce. (rational basis).
• However, noneconomic intrastate activity cannot be regulated under Commerce Clause (gun in a school zone).

Question 5

Spending Power

Answer 5

• Congress may spend for any public purpose by providing conditional grants that the states may adopt.
• Congress cannot compel a state to adopt laws.
• But Congress CAN induce state action by putting strings on grants - so long as
  1. Conditions expressly stated and
  2. Relate to purpose of the spending program

Question 6

War Powers

Answer 6

Congress can declare war, raise and support armies, and provide for and maintain the Navy

Question 7

Police Powers

Answer 7

Congress only has police powers over (MILD):

(1) Military Bases;
(2) Indian Reservations;
(3) federal Land; and
(4) D.C.

Question 8

Big 3 Congressional Powers

Answer 8

1. Tax
2. Spend
3. Commerce

Question 9

Delegation Power of Congress

Answer 9

• No limit on ability to exercise

- Though Congress may not delegate executive power to itself or its officers