Powers Of Congress

Question 1

List the 7 Powers of Congress

Answer 1

1) Taxing & Spending Power
2) Commerce Power
3) Power to Declare War
4) Foreign Affairs Power
5) Power over Non-Citizens/Alienage
6) Power to Print & Coin Money
7) Power over Federal Property

Question 2

Commerce power

Answer 2

Interstate commerce - Congress has the power to regulate 1) the channels, and 2) the instrumentalities of interstate commerce, as well as 3) any activity that substantially effects interstate commerce.

Substantial economic effect - Congress has the power to regulate any activity or combination of activities that has a substantial economic affect on interstate commerce. This is viewed from a point of aggregation - even if an interesting activity has no direct economic impact on the interstate commerce Congress can regulate it as long as there is a rational basis for concluding that the total incidence of activity in the aggregate substantially effects, interstate commerce.

Congress also has power to regulate non-economic activity (on an intrastate state basis) that involves an area of traditional state concern; then, on economic activity, must have a substantial economic affect on interstate commerce.

Question 3

Taxation and spending power

Answer 3

Congress tax power - tax by Congress will be upheld if it has a reasonable relationship to revenue production. Congress has plenary power to impose taxes to raise revenue through the general welfare clause.

Congress spending power - Congress has the power to spend for the general Wolfe Wayfair meaning any public purpose including conditional federal funding.

Question 4

Congress war and defense power

Answer 4

Congress has the power to declare war, raise and support armies, provide a maintain a navy, etc.

Congress is responsible for providing national defense in wartime in peacetime

Military courts and tribunals - authority to try enemy soldiers, enemy civilians and current members of the US Armed Forces; no jurisdiction over US civilians; not all constitutional protections apply (example: right to a jury trial, or grand jury indictment)

National guard Dash power to authorize the president to call National Guard units to execute federal laws, suppress, insurrections, and repel invasions; constitutional authority extends to use of National Guard units in domestic situations, and non-emergency circumstances.

Question 5

Necessary and proper clause

Answer 5

Congress has the power to enact any legislation necessary and proper to execute any authority granted to any branch of the federal government; not an independent source of power

Question 6

Power to enforce the 13th, 14th, and 15th amendments

Answer 6

Ban on slavery (13th) - Congress has the power to adopt legislation rationally related to eliminating racial discrimination; the only amendment that authorizes Congress to regulate purely private conduct

Equal protection and due process (14th) - permits Congress to pass legislation to enforce equal protection, and due process rights, but not to expand those rights or create new ones; must be congruence and proportionality between the injury to be prevented or remedied, and the means adopted to achieve that end

voting (15th) - prohibits the state and federal government from denying any citizen, the right to vote based on race, color, or previous condition of servitude

Question 7

Foreign Affairs Power

Question 8

Alienage

Question 9

Print & Coin Money

Question 10

Federal Property

Answer 10

National parks, Washington D.C., monuments, undeveloped federal property

Question 11

Delegating powers to president

Answer 11

Congress may delegate powers BUT MUST provide guidelines, limitations, etc.