Legislative Review

Question 1

Under its constitutional investigatory power, Congress may __________.

Answer 1

Subpoena a witness to compel his presence at investigatory hearings

Question 2

Article I, Section 8 of the United States Constitution gives Congress the power to tax. Congress may use its taxing power for the purpose of:

Answer 2

Raising revenue and/or furthering a goal within Congress’s enumerated powers

Question 3

Regarding review of military tribunals by Article III courts,

Answer 3

The Article III court can review the jurisdiction of the military courts and the validity of the particular court’s creation

Question 4

Regarding the uniformity of federal taxes on states,

Answer 4

Federal taxes must be uniform among the states.

Question 5

Under its spending power, Congress may spend __________.

Answer 5

To achieve any public purpose that does not violate the Constitution.

Question 6

Under current law, when will Congress’s regulation of noncommercial, noneconomic intrastate activities be upheld?

Answer 6

Only if Congress can factually show a substantial economic effect on interstate commerce

Question 7

Article I, Section 8 of the Constitution gives Congress the power to declare war and raise and regulate an army and navy. Regarding the extent of this power,

Answer 7

Congress’s war power is pervasive during times of war.

Question 8

The Speech and Debate clause does not extend to

Answer 8

the taking of bribes.

Question 9

Under the “substantial economic effect” test, may Congress regulate local economic or commercial local activities?

Answer 9

Yes, if the court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce

Question 10

A legislative veto is NOT permitted if related to

Answer 10

immigration or naturalization matters

Question 11

A legislative veto usually arises when Congress delegates discretionary power to the President or an executive agency but attempts to

Answer 11

maintain control over the power by providing that the executive decision can be overturned by certain members of Congress.

Question 12

Congress’s property power includes the power to legislate for

Answer 12

the general welfare regarding federal property and territories.

Question 13

Under its taxing power, Congress may tax __________.

Answer 13

Simply for the purpose of raising revenue.

Question 14

When may Congress deny an enemy combatant habeas corpus review in an Article III court?

Answer 14

If there has been a meaningful substitute review

Question 15

Is Congress’s power to investigate is limited to areas directly related to contemplated legislation?

Answer 15

No.

Question 16

Congress power to delegate is subject to

Answer 16

the “intelligible standards” test.

Question 17

A legislative veto seeks to overturn executive action without __________.

Answer 17

Bicameralism or presentment.

Question 18

Congress’s property power includes the power to _________ and the power to __________.

Answer 18

Dispose of property; acquire property through eminent domain

Question 19

Under its citizenship power, Congress can __________.

Answer 19

Choose to deny entry to aliens based on their political beliefs

Question 20

Congress may not deny enemy combatants habeas corpus review in Article III courts absent a meaningful substitute review pursuant to

Answer 20

Article I, Section 8, Clause 14, which gives Congress the power to make rules for government and regulation of armed forces, when buttressed by the Necessary and Proper Clause.