Federal Legislative Power Flashcards

1
Q

Delegation of Legislation Power

A

Congress has broad discretion to delegate its legislative power to executive officers or administrative agencies. However, Congress must provide some standards to the guide the exercise of its discretion.

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2
Q

Taxing & Spending Power

A

Congress may spend federal monies for the general welfare provided the spending is reasonably related to a legitimate federal interest.

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3
Q

Taxing & Spending Power/Conditions

A

Congress may attach any reasonable conditions to the expenditure it desires.

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4
Q

Police Power

A

State and local governments have police power, the authority to legislate for the welfare of their citizens.

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5
Q

Police Power/Exception

A

Except for legislating for the District of Columbia, Congress do not have police power.

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6
Q

Commerce Power

A

Congress has exclusive power to regulate interstate commerce.

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7
Q

Commerce Power/Commerce Define

A

Commerce is all activity affecting two or more states, which includes traffic or transportation. Vehicular transportation is not required. Any transmission across state lines is sufficient.

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8
Q

Commerce Power/Substanital Effect

A

Congress has the power to regulate any channels, instrumentalities, or activities that has a substantial economic effect or effect in the movement of interstate commerce. This includes the power to control the production of items having a substantial economic impact on interstate commerce

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9
Q

Commerce Power/Foreign Commerce

A

Congress has exclusive power to regulate foreign commerce, and Congress may delegate this power to the President.

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10
Q

10th Amendment

A

The 10th Amendment is no longer used to limit Congressional action.

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