Article I: Legislative Power

Question 1

Federal Leg Powers

Answer 1

1. Express or implied + any means necessary and proper (anything not prohibited)
2. No police power except Military, Indians, Land, DC
3. Tax and Spend
4. Commerce

Question 2

Federal Leg Power - Tax and Spend

Answer 2

for general welfare (broad)

taxes must be uniform among states

Question 3

Federal Leg Power - Commerce

Answer 3

Channels + Instrumentalities
Acts that have sub. effect thereon
–Cumulative only for econ. acts
Not inactivity

Question 4

Federal Leg Power - Limits

Answer 4

1. 10th Amd: powers not granted are reserved for states
2. Can’t compel state action, but can induce w/ spending conditions if (1) expressly stated, (2) reasonably related to spending purpose and (3) not unduly coercive
3. Can prohibit harmful commercial activity by states
4. 14th Amd. Laws can prevent/remedy only recognized rights (not new/expanded) + must be narrowly tailored (proportional + congruent to remedying)

Question 5

Federal Leg Power - Delegation

Answer 5

• No limit on delegation of leg power
• Can’t delegate exec power to self
• Line item and leg. veto unconstitutional because no bicameralism + presentment