Separation of Powers: Powers of Congress

Question 1

Powers of Congress: Legislative Powers

Answer 1

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

Question 2

Three sources of legislative power:

Answer 2

1) Enumerated powers
2) enabling clauses
2) Necessary and Proper Clause

Question 3

Enumerated powers (article I, Section 8)

Answer 3

powers stated in the constitution (commerce, taxing, spending)

Question 4

enabling clause (enforcement powers)

Answer 4

may enforce the 13th, 14th, and 15th amendments by appropriate legislation

Question 5

necessary and proper (choice of means)

Answer 5

implied power to make laws that are necessary and proper to carry out an enumerated power
(N & P alone is usually wrong as an answer choice needs to be N & P in conjunction with another power

Question 6

Powers of Congress: Commerce Power

Answer 6

Congress can regulate:

1) Channels of interstate commerce
2) instrumentalities of interstate commerce
3) activities that substantially effect interstate commerce

Question 7

Commerce Power: Limitation

Answer 7

cannot regulate intrastate non-economic activity (possession of handgun)
Exception: regulating intrastate non-economic activity with a comprehensive scheme

Question 8

Powers of Congress: Taxing Power: Congress can impose and collect taxes in order to pay debts and spend for the general welfare.

Answer 8

An act purporting to be a tax should be upheld as a valid exercise of the taxing power if:

1) it raises revenue (objective)
2) It was intended to raise revenue even if it doesn’t (subjective)
3) Congress has the power to regulate the activity that’s being taxed (regulatory)

Question 9

Spending Power

Answer 9

Congress can spend for the general welfare

Question 10

Congress may place a condition on the receipt of federal funds by a state if:

Answer 10

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 take undertake unconstitutional action
5) the amount in question can’t be so much that the state is coerced into accepting the funds

Question 11

Cumulative Effect Doctrine

Answer 11

Congress can regulate activities that have a tiny affect on interstate commerce…because if you put them all together…

Question 12

War and Defense Powers

Answer 12

1) Congress declares War

2) During wartime, Congress may institute a draft and initiate wage, price, and rent control of the civilian economy

Question 13

Civil War Amendments (13,14, 15)

Answer 13

To enforce these amendments: Congress can only regulate states, not private individuals. Under these amendments, Congress can overcome state sovereign immunity. State governments must have engaged in widespread violations of the Amendment and the legislative remedy must be congruent and proportional to the violation.

Question 14

Delegation of Power

Answer 14

Congress can create an executive agency and give the agency some legislative power (actions of an agency will prevail over inconsistent state law)
Limitation: must be some intelligible principle that guides the agency