Federal Legislative Power

Question 1

what types of power does federal govt have?

Answer 1

limited power. There must be express or implied authority of congress to act.

Question 2

Do federal courts have police powers

Answer 2

NO

Question 3

x/c for when congress has police powers

Answer 3

MILD

1) military
2) Indian reservations
3) Land (federal land)
4) District of Columbia (DC)

Question 4

can congress use the necessary and proper clause alone?

Answer 4

NO. Congress can use the necessary and proper clause with another power. If see it alone it is wrong.

Question 5

what are the 3 biggest powers for Congress?

Answer 5

1) taxing
2) spending
3) Commerce Clause

Question 6

when congress may SPEND AND TAX?

Answer 6

for the general welfare

- If congress power to act is for general power of welfare it is a MILD question or taxing and spending only

Question 7

how do courts determine a tax?

Answer 7

by its FUNCTION not on what congress calls it

Question 8

what can congress regulate for commerce clause (generally)

Answer 8

congress can regulate commerce with foreign nations, Indian tribes and among the states

Question 9

what 3 types of things congress may regulate for commerce

Answer 9

1) CHANNELS of interstate commerce (ex: highways, waterways, internet)
2) INSTRUMENTALITies of interstate commerce and PERSONS OR THINGS in interstate commerce

Question 10

may congress regulate something by commerce powers if it is non-economic that has a substantial effect on interstate commerce?

Answer 10

NO

- Ex: violence against women is non-economic damages

Question 11

can congress regulate inactivity, eve if the failure to undertake activity may affect interstate commerce

Answer 11

NO. may not regulate INACTIVITY (ex Obama care)

Question 12

under 10th amendment what can congress NOT do to states?

Answer 12

Congress CANNOT compel state REGULATORY OR LEGISLATIVE action.

Question 13

what CAN congress do to induce st. government action by putting strings on grants, so long as the conditions…

Answer 13

are EXPRESSLY STATED and relate to the purpose of the spending program as long as they are not UNDULY COERCIVE
-ex: drinking age 21 for highway spending

Question 14

Congress MAY prohibit what under the 10th amendment?

Answer 14

harmful commercial activity by state government

-ex DMV selling registrations

Question 15

Non-Delegation doctrine

Answer 15

pretty much non-existent anymore.
- No limit exists on Congress’ ability to delegate legislative power but congress cannot unsurp power from another branch.

Question 16

what must happen for act by congress be valid

Answer 16

there MUST ALWAYS BE

1) bicameralism (passage by both house and senate) and
2) presentiment (giving bill to president to sign or veto) which the president must sign or veto in its entirety

Question 17

are line-item vetoes constitutional?

Answer 17

NO need bicameralism and presentmisitim

Question 18

what does the Contracts clause ONLY apply to

Answer 18

STATES not the federal government

Question 19

what is the power of Congress to investigate

Answer 19

the power of congress to investigate is coextensive with the power to legislate (created by article I section 8 of the constitution).
- it is limited to matters over which the Congress has jurisdiction

Question 20

Does congress have the power to restrict the jurisdiction of the USSC of

1) case involving an ambassador
2) dispute b/w 2 states or
3) case involving a state and federal government

Answer 20

NO. USSC has original jurisdiction

Question 21

does Congress have the power to restrict the jurisdiction of the USSC of cases dealing with maritime

Answer 21

yes, b.c USSC only have appellate jurisdiction over those cases

Question 22

Can congress tax press

Answer 22

Yes.
- Congress can put tax on press that can be taxed on general business taxes that are not based on content or targeting small category of publications

Question 23

Can congress appoint officers for enforcement powers

Answer 23

NO, this is an executive branch function.

- Only president, Courts, or the department can appoint

Question 24

2 tests to determine if CC is valid under “activities that have a substantial effect on interstate commerce”

Answer 24

If the activity regulated is ECONOMIC or COMMERCIAL, it will be upheld if Congress could rationally conclude that the activity, i aggregate, substantially affects interstate commerce.

• if activity is intrastate and is noncommercial and not economic, it will be upheld under CC ONLY if Congress can make a factual showing that the activity actually has a substantial economic effect on interstate commerce

Question 25

Does the 10th amendment used by courts as a limit on congressional action that applies to both public and PRIVATE sectors

Answer 25

No