The Federal Legislative Power

Question 1

When does Congress have the authority to exercise its power?

Does Congress have the police power to act?

Answer 1

Can only exercse powers enumerated in the Constitution and auxiliary powers necessary and proper to carry out all powers in the federal governent. if it have express or implied Congressional power.

Congress generally does not have the police power. Exceptions: Congress has the police power when it legislating for the: -military - indian reservations -federal lands and territories - District of Columbia “MILD”

Question 2

What is the necessary and proper clause?

Answer 2

Article I, Sec. 8 states Congress may use means not prohibited by the Constitution to carry out its powers.

Question 3

What is the taxing power of Congress?

What is the spending power of Congress?

Answer 3

Congress may tax if the tax has some reasonable relationship to revenue production or if Congress hs the ability to regulate the tax.

Congress spend for the general welfare. (For any public purpose)

(Exam: Non spending regulations cannot be supported by the General Welfare Clause)

Question 4

1. ) What is Congress’ Commerce Power?
2. ) To fall within the Commerce Clause, a federal law regulating interstate commerce must do one of these three things:
3. ) When may a “substantial effect” not allow Congress to enforce its Commerce Power?

Answer 4

1.) Commerce Clause -Congress has the power to regulate the channels of foreign and interstate commerce.

• Must regulate the channels
• Must regulate the instrumentalities (products) of interstate commerce and persons or things in interstate commerce
• Must regulate economic activities that have a substantial effect on interstate commerce (i.e. Stopping wheat farmer because it affected economic activity elsewhere)

2.) When it is a non-economic activity

Question 5

Tenth Amendment as a limit on Congressional Powers

1. ) True or False: Congress can compel state regulatory or legislative action?
2. ) T or F: Congress can induce state government action by putting strings on grants

Answer 5

1. False:
2. ) True. So long as the conditions are expressly stated and related to the purpose of the spending program. Also, the conditions cannot be unduly coercive (See if it is giving the state a chance)

Question 6

T or F: Congress may not prohibit harmful commercial activity by state governments

Answer 6

F; (i.e. Congress preventing states from selling DMV info about drivers.) Congess may do so so long as it doesn’t impose a burden on states

Question 7

Congress’ power under Section 5 of the 14th Amendment

Answer 7

Congress may not create new rights or expand the scope of rights. May only (“tailor”) prevent or remedy violations of rights recognized by the Court and even then those laws must be “proportionate” and “congruent” to remedying the constitutional violations

Question 8

True or False: Limits exist on Congress’ abiity to delegate its legislative powers?

Answer 8

False

Legislaive power may be delegated to the judicial or executive branch so long as intelligible standards are set

Question 9

What is a line-item veto?

Answer 9

When the Pres. Attempts to sign part of the bill and not others. This is unconstitutional.

Question 10

What is a legislative veto?

Answer 10

When Congress attempts to overturn an executive action without bicameralism and/or presentment

If Congress want to pass an executive veto it must pass through both “The House and the Senate (bicameralism)”, then you have to give to the Pres. To sign or veto (“presentment”).

Question 11

True or False: Congress can delegate executive power to itself or its officers.

Answer 11

False