Powers of Congress

Question 1

What are Congress’s powers?

Answer 1

1. Legislative Power
2. Commerce Power
3. Taxing Power
4. Spending Power
5. War and Defense Powers
6. Enforcement Power

Question 2

What is the congressional legislative power?

Answer 2

Congress must have the power to pass the law, and the law must not violate a constitutional right

Question 3

What are the sources of Congress’s legislative power?

Answer 3

1. Enumerated powers that are stated in the Constitution
2. Enabling Clause allowing Congress to enforce the 13th, 14th and 15th A by “appropriate legislation”
3. Necessary and Proper Clause granting implied power to make laws that are “necessary and proper” to carry out an enumerated power

Question 4

What is the Commerce Power

Answer 4

Congress can regulate:
1. channels of interstate commerce, including highways, waterways and air traffic
2. instrumentalities of interstate commerce, including cars, trucks, ships and airplanes
3. Activities that “substantially affect” interstate commerce, specifically, either inter- or intra-state economic activities that have a substantial effect upon interstate commerce

Question 5

What limitations are imposed upon Congress’s commerce power?

Answer 5

Congress cannot regulate intrastate non-economic activity, unless it is regulating that activity with a comprehensive scheme touching on other things

Question 6

What is Congress’s taxing power?

Answer 6

Congress has the power to impose and collect taxes in order to pay debts and spend for the general welfare

Question 7

When will an act purporting to be a tax be upheld as a valid exercise of the taxing power?

Answer 7

An act purporting to be a tax should be upheld as a valid exercise of the taxing power if:
1. it raises revenue (objective test)
2. it was intended to raise revenue, even if it doesn’t (subjective test)
3. Congress has the power to regulate the activity that’s being taxed (regulatory test)

Question 8

What is Congress’s spending power?

Answer 8

Congress can spend for the general welfare, which is interpreted extremely broadly

Question 9

When can Congress place a condition on the receipt of federal funds by a state?

Answer 9

Congress can place conditions on the receipt of federal funds by a state if:
1. the spending serves the general welfare
2. the condition is unambiguous
3. the condition is related to the federal program
4. the state is not required to undertake unconstitutional action
5. the amount in question is not so much that the state is coerced into accepting the funds

Question 10

What are Congress’s war and defense powers

Answer 10

1. Congress may declare war
2. During wartime, Congress may institute a draft and initiate wage, price and rent control of the civilian economy

Question 11

What are Congress’s enforcement powers regarding the post-Civil War Amendments (13-15)

Answer 11

To enforce the 13th, 14th, and 15th A:
1. Congress can regulate states regarding the 14th and 15th A by overcoming state sovereign immunity to authorize monetary damages
2. State governments must have engaged in widespread violations of the A
3. the legislative remedy must be “congruent and proportional” to the violation

Question 12

To what extent may congress delegate legislative authority?

Answer 12

Congress can create an executive agency and give the agency some legislative power

Question 13

What effect do agency actions have relative to state law

Answer 13

Agency actions will prevail over inconsistent state law

Question 14

What is the limitation on congress’s authority to delegate?

Answer 14

There must be some “intelligible principle” that guides agency in creating rules