Powers of Congress (Legislative Branch)

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.

Question 2

Federal regulations regarding intrastate commerce will be upheld when:

Answer 2

(1) there is a rational basis
(2) to conclude that the cumulative impact (aggregation)
(3) has a substantial effect on interstate commerce.
* Aggregation CANNOT be used when the activity is not commercial/economic in nature.

Question 3

Power to Enforce the 13th, 14th, & 15th Amendments

Answer 3

Congress has the power to enforce:

• 13th Amend. – abolition of slavery.
• 14th Amend. – privileges and immunities, due process, equal protection, apportionment of representatives.
• 15th Amend. – right to vote cannot be denied because of race.

Question 4

Congress MAY ONLY prohibit behavior that is likely to:

Answer 4

involve a constitutional violation, and there must be congruence and proportionality between the injury to be prevented and the legislative means adopted.

• 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 U.S.
• Under 16th Amend., Congress has the 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. By doing so they MAY attach restrictions or conditions on States receiving federal funds, aka “purse strings”

BUT must satisfy the following:

(1) Spending must be for the general welfare;
(2) Condition must be imposed unambiguously;
(3) Condition must be related to the federal interest in national projects or programs;
(4) Condition cannot induce unconstitutional activity; AND
(5) Condition cannot be so coercive as to turn pressure into compulsion.