Powers of Congress

Question 1

Commerce clause

Answer 1

Congress can regulate:
1. Channels of interstate commerce (highways, phone lines)
2. people and instrumentalities of interstate commerce (cars, airplanes, pilots)
3. economic/commercial activity that has a substantial effect on interstate commerce

all interstate commerce

Question 2

intrastate commerce

Answer 2

federal regulations regarding intrastate commerce will be upheld when:
1. there is a rational basis,
2. to conclude that the cumulative impact (aggregation),
3. has a substantial effect on interstate commerce

NOTE: aggregation CANNOT be used when the activity is NOT commercial/economic in nature

Question 3

power to enforce 13A, 14A, & 15A

Answer 3

Congress has the power to enforce:
- 13A: abolition of slavery
- 14A: privileges and immunities, due process, equal protection, apportionment of representatives
- 15A: right to vote cannot be deneid because of race

Question 4

prohibiting behavior

Answer 4

congress MAY ONLY prohibit behavior that is likely to involve a constitutional violation
- There must be congruence and proportionality between the injury to be prevented and the legislative means adopted

NOTE: Congress CANNOT define constitutional rights or change substantive law

Question 5

taxing power

Answer 5

Congress has the power to lay and collect taxes, duties, imposts, and excises
- Duties, imposts, and excises MUST be geographically uniform throughout the US
- Under 16A, Congress has power to collect taxes on income from any source

Question 6

spending power

Answer 6

Congress has the power to spend for the common defense and general welfare