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Flashcards in 2. Federal Legislative Power Deck (18)
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1

Is there a general federal police power?

No

2

What is the consequence of there being no general federal police power?

Congress may only act if there is an express/implied power to do so

3

What four things does Congress have a police power regarding legislating for?

1. Military

2. Indian reservations

3. Federal lands and territories

4. D.C.

4

What three things can Congress regulate under the Commerce Clause?

1. Channels of interstate commerce

2. Instrumentalities of interstate commerce

3. Economic activities which have a substantial effect on interstate commerce

5

What are channels of interstate commerce?

Roads, waterways, etc

6

What are the instrumentalities of interstate commerce?

Trucks, planes, etc

7

Can congress regulate inactivity?

No

8

Can Congress compel state action under the Commerce Clause?

No

9

How can Congress permissively induce state action?

By putting strings on grants

10

What are the three requirements for conditions on grants which induce state action?

1. Expressly stated

2. Related to the purpose of the spending program

3. Not unduly coercive

11

What sort of state activity can Congress prohibit?

Harmful commercial activity

12

What two limitations are placed on Congress by section 5 of the Fourteenth Amendment?

1. Congress cannot create new rights or expand existing ones

2. Congress can only protect/remedy violations of rights recognised by states

13

What is required of laws enacted to remedy violations of existing rights?

Must be proportionate and congruent to remedying constitutional violations

14

What limits are there on Congress's ability to delegate its legislative power?

There are no limits

15

What is a legislative veto?

Anything less than a bill passing House and Senate, and being signed by the President?

16

Are legislative vetoes constitutional?

No

17

What is a line-item veto?

Where the President vetoes specific parts of a bill

18

Are line-item vetos constitutional?

No, President must sign or veto the entire bill