Legislative Powers

Question 1

Legislative Powers Taxing & Spending (Generally)

Answer 1

Taxing: must bear some reasonable relationship to revenue production or be within Congress regulatory power

Spending: based on general welfare

Limited by individual rights

Question 2

Congress VERY LIMITED police powers

Answer 2

Congress only has legislative authority under its police powers for matters concerning

1. Washington DC
2. U.S. territories
3. Military

Question 3

Commerce Power

Answer 3

Plenary Power to regulate interstate and foreign commerce

Can regulate intrastate commerce if:

1. Channels of interstate commerce
2. Instrumentalities of interstate commerce
3. Economic activity where there is substantial effect on interstate commerce in the aggregate

Question 4

Dormant Commerce Clause (Generally)

Answer 4

If Congress has not regulated commercial activity, state can regulate local aspect of interstate commerce if:

1. Law doesn’t discriminate against interstate commerce

Or

2. Unduly burdensome interstate commerce

Question 5

Privileges & Immunities Clause, Art. IV (Generally)

Answer 5

Protects out of state citizens from a state denying them important economic interests.

Only applies to people