The Federal Legislative Power

Question 1

congressional power limits

Answer 1

There must be express or implied congressional power.

Congress has no police power, except for:

• the military
• Indian reservations
• federal lands and territories
• and DC-

(MILD)

Question 2

the necessary and proper clause

Answer 2

congress may use any means not prohibited by the constitution to carry out its authorities

Question 3

The taxing and spending power

Answer 3

congress may tax and spend for the general welfare

Question 4

the commerce clause

Answer 4

• Congress may regulate the channels of interstate commerce
• Congress may regulate the instrumentalities of interstate commerce and persons or things in interstate commerce
• Congress may regulate economic activities that have a substantial effect on interstate commerce. (In the area of non-economic activity, a substantial effect cannot be based on cumulative impact.)
• Also, five justices have said that Congress cannot regulate inactivity.

Question 5

10th Amendment

Answer 5

All powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people.

Question 6

Congress’ power over states’ lawmaking powers.

Answer 6

• Congress cannot compel state regulatory or legislative action.
• But, congress may prohibit harmful commercial activity by state governments.

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.
• Congress may act only to prevent or remedy violations of rights recognized by the courts
  
  • such laws must be proportionate and congruent to remedying constitutional violations

Question 8

Congress’ delegation of legislative powers

Answer 8

No limit exists on congress’ ability to delegate legislative power

Question 9

Restrictions on veto power

Answer 9

Legislative vetos and line item vetos are unconstitutional

Question 10

Legislative veto definition

Answer 10

Congress passes a statute granting authority to the President, but it reserved the ability to override individual actions taken by the President pursuant to that authority through a simple majority vote.

Question 11

Requirements for Congress to act

Answer 11

• Passed in both houses of congress
• presentment to the president
• president must sign or veto the bill in its entirety.

Question 12

Congressional delegation of executive power

Answer 12

Congress may not delegate executive power to itself or its others