Powers of Congress

Question 1

Legislative Powers: Commerce Clause

Answer 1

The Commerce Clause of the Constitution grants Congress the authority to regulate commerce between the States (interstate commerce), foreign nations, and Indian tribes. Congress may regulate: (1) the channels of interstate commerce (i.e. highways and phone lines); (2) the people and instrumentalities that work and travel in interstate commerce (i.e. cars, airplanes, airplane pilots, flight attendants); AND (3) economic or commercial activities that have a substantial effect on interstate commerce.

Question 2

Legislative Powers: Commerce Clause & Regulation of Intrastate Activities

Answer 2

• Federal regulations regarding intrastate activities will be upheld if (1) there is a rational basis, (2) to conclude that the cumulative national impact of the activities (aggregation), (3) have a substantial effect on interstate commerce.
• However, aggregation CANNOT be used when the activities regulated are NOT commercial or economic in nature, thus making the substantial effect standard difficult to meet. The Supreme Court has held that the following activities DO NOT have a substantial economic effect: possessing a firearm in a school zone; and general acts of violence.

Question 3

Legislative Powers: Taxing Power

Answer 3

• Congress has the power to lay and collect taxes, duties, imposts and excises. All duties, imposts, and excises MUST be geographically uniform throughout the United States.
• Under the 16th Amendment, Congress has the power collect taxes on income that are derived from any source. Congress may also prescribe what shall be taxed and the application of a uniform percentage when computing the tax.

Question 4

Legislative Powers: Spending Power

Answer 4

• Congress has the power to spend for the common defense and general welfare of the United States. This power is interpreted broadly and allows Congress to attach conditions on States receiving federal funds upon compliance with federal statutory and administrative directives (essentially allowing Congress to regulate areas even when it wouldn’t otherwise have the power to do so).
• However, the spending power is NOT unlimited. Congress must satisfy five restrictions when placing conditions on States receiving federal funds: (1) the spending must be for the general welfare – but courts should defer substantially to the judgment of Congress; (2) the condition must be imposed unambiguously, enabling the States to exercise their choice knowingly; (3) the condition must be related to the federal interest in particular national projects or programs; (4) the condition cannot induce activities that would be unconstitutional for the States to engage in themselves; AND (5) the condition cannot be so coercive as to turn pressure into compulsion – compulsion is when States have no real option but to acquiesce (i.e. where threatened funding was over 10% of State budgets).