The Federal Legislative Power

Question 1

What must congress have in order to act?

Answer 1

Can only act with express or implied authority form constitution

Question 2

Does Congress have police power, generally?

Answer 2

No general federal police power

Question 3

In what specific areas does the congress have police power?

Answer 3

MILD
legislating for the Military,
Indian reservations, 
federal Lands and territories or 
the District of Columbia.

Question 4

What does the necessary and proper clause allow congress to do?

Answer 4

Congress can adopt all laws that are necessary and proper to carry out its authority, can choose any means not prohibited by constitution to carry out its authority

Question 5

Congress may tax and spend for the what?

Answer 5

the general welfare

Question 6

What does the the taxing/spending power allow congress to do?

Answer 6

Can create any tax to raise revenue and any spending plan to spend it if for the general welfare.

Question 7

What may Congress regulate under the Commerce power?

Answer 7

i) Congress may regulate the channels of interstate commerce
ii) Congress may regulate the instrumentalities of interstate commerce and persons or things in interstate commerce
iii) 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.)

Question 8

In the area of non-economic activity, a substantial effect cannot be based on what?

Answer 8

cumulative impact.

Question 9

What does the tenth amendment do as it relates to congressional power?

Answer 9

The Tenth Amendment as a limit on Congressional powers. The Tenth Amendment states that all powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people.

Question 10

Can Congress compel state regulatory or legislative action?

Answer 10

No.

Question 11

What can Congress do instead of compeling state regulatory or legislative action?

Answer 11

Congress can induce state government action by putting strings on grants, so long as the conditions are expressly stated and relate to the purpose of the spending program.

Question 12

Can congress prohibit harmful commercial activity by state governments?

Answer 12

Yes, congress may prohibit harmful commercial activity by state governments.

Question 13

What is Congress’ power under section 5 of the Fourteenth Amendment?

Answer 13

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 and such laws must be “proportionate” and “congruent” to remedying constitutional violations.

Question 14

Can congress delegate it’s legilative power?

Answer 14

Yes, there are no limit exists on Congress’ ability to delegate legislative power

Question 15

Should you ever find a delegation of legislative power unconstitutional?

Answer 15

NEVER FIND A DELEGATION OT BE UNCONSTITUTIONAL

Question 16

Are legislative vetos allowed?

Answer 16

No, they are unconsitutional

Question 17

For congress to act there must be what between the houses of congress? and what for the president?

Answer 17

Bicameralism and present ment

Question 18

What is presentment?

Answer 18

giving the bill to the President and sign or

veto

Question 19

Are line-item vetos are allowed?

Answer 19

No, line-item vetos are unconstitutional

Question 20

What must the President do instead of a line item veto?

Answer 20

The President must sign or veto the bill in its entirety.

Question 21

Who may congress not give executive power to?

Answer 21

Congress may not delegate executive power to itself or its officers