The Federal Legislature (Congress)

Question 1

Congress’s Authority Over Federal Property Rule:

Answer 1

There is no limit on Congress’s ability to dispose of federally owned property (real property, personal property, etc.).

Question 2

Congress may only enact regulatory laws pursuant to the

Answer 2

enumerated powers granted to it by the Constitution, as well as any other laws which are necessary and proper to effectuate these grants of authority

Question 3

Unlike the States, Congress does not have

Answer 3

Police Powers.

Question 4

Exceptions (where Congress does have Police Powers):

Answer 4

a. Native American Reservations
b. Military Bases
c. Federal Lands or Territories
d. District of Columbia

Question 5

Article 1, Section 8 of the Constitution grants Congress the authority to regulate

Answer 5

interstate commerce

Question 6

Powers Under the Commerce Clause

Answer 6

(1) regulating the channels of interstate commerce,
(2) instrumentalities traveling in interstate commerce, and
(3) regulating activities which have a substantial effect on interstate commerce.

Question 7

Channels of interstate commerce
includes

Answer 7

highways, waterways, airways,

Question 8

Goods and Persons Traveling in Interstate Commerce includes

Answer 8

goods, modes of transportation

Question 9

Intrastate activities that have a substantial effect on interstate commerce - If this activity is non-economic in nature, the showing of a substantial effect cannot be based on the

Answer 9

cumulative impact of the activity

Question 10

Intrastate activities that have a substantial effect on interstate commerce - If this activity is economic in nature (i.e. an activity which involves the sale of goods, property, or services) the substantial effect

Answer 10

can be based on the cumulative impact of the activity.

Question 11

Under the 10th Amendment, Congress cannot

Answer 11

compel state regulatory action (Congress cannot commandeer the state legislatures).

Question 12

Nearly every law which imposes a funding contingency will be

Answer 12

constitutional.

Question 13

Congress can make state funding contingent on compliance with federal regulations, so long as these conditions relate to the

Answer 13

purpose of the federal spending program,

are unambiguous, and

are not so coercive as to amount to compulsion.

Question 14

Congress may also prohibit a state from

Answer 14

selling a citizen’s personal information to private interests.

Question 15

Power to Declare War - Rule

Answer 15

Congress has the sole power to declare war against a foreign nation.

Question 16

Impeachment and Removal Power - Rule

Answer 16

All officers of the government and members of the judiciary may be impeached for treason, bribery, or high crimes and misdemeanors by a vote of ½ of the House, and then subsequently removed from office by a 2/3 of the Senate.

Question 16

Congress may act to prevent or remedy violations of the _____by states

Answer 16

14th Amendment

Question 16

Congress’s power under Section 5 (the enforcement clause) of the 14th Amendment - Congress may not use this as a means of

Answer 16

Preventing or remedying discrimination by private actors.

Question 16

Congress may act to prevent or remedy racially based discrimination by private and state actors pursuant to its power under the

Answer 16

Enforcement Clause of the 13th Amendment.

Question 16

There is _____ limit on Congress’s ability to delegate its own powers.

Answer 16

no

Question 16

Congress may ____delegate Executive powers to itself or others

Answer 16

NOT

Question 16

Bill of Attainder - Neither Congress nor any State legislature may

Answer 16

single a person out for punishment

Question 17

Ex Post Facto Law

Answer 17

Neither Congress nor any State Legislature may retroactively impose criminal liability on a person.

Question 17

There is no prohibition on imposing retroactive _____ liability though

Answer 17

civil