Federal Legislative Power

Question 0

Congress have general Federal Police Power?

Answer 0

No; except for:
MILD
- Military
- Indian reservations
- federal Land & territory
- D.C.

Question 1

Congress’s authority to act

Answer 1

1. Only through express or implied Congressional power
2. Such as under the:
   - Necessary and Proper Clause
   - Taxing power
   - Spending power
   - Commerce power

Question 2

Necessary & Proper Clause

Answer 2

Congress may use any non-prohibited means to carry out other duties
However, NOT a sole source of power

Question 3

Taxing and/or Spending Power

Answer 3

Congress may tax and spend for the general welfare

Question 4

Commerce power

Answer 4

Congress may regulate the:

1. Channels of interstate commerce
2. Instrumentalities of interstate commerce
3. Persons or things in interstate commerce
4. Economic activities that have a substantial effect on interstate commerce (in the aggregate or cumulative effect)
5. Non-economic activities that have a substantial effect on interstate commerce (NOT cumulatively)

Question 5

10th Amendment limits on Congressional powers

Answer 5

All powers not specifically granted to the U.S. nor prohibited to the States, are reserved to the States or the People.

Question 6

Congress’s compulsion upon the States

Answer 6

Congress cannot compel state regulatory or legislative action
BUT
Congress can induce state gov. action by putting conditions on grants so long as they:
- are expressly stated,
- relate to the grants’ purpose, and
- are not unduly coercive

Question 7

Congress & harmful commercial activity

Answer 7

Congress may prohibit harmful commercial activity by state gov.

Question 8

Congress’s power under Amend. 14, Sect. 5

Answer 8

Congress may not create new rights or expand the scope of existing rights.

Congress may only act proportionately and congruently to prevent/remedy violations of existing rights.

Question 9

Congress’s delegation of powers

Answer 9

No limit exists to delegate legislative power
BUT
May not delegate executive power to itself or its officers

Question 10

Legislative vetoes and Line-item vetoes

Answer 10

Unconstitutional

Bicameralism and presentment required