Federal Legislative Power

Question 1

Congressional power

Answer 1

must be express or implied

NO federal police power

has power for police in DC, military, indian reservation, federla land and DC

necessary and proper clause

Tax/spending power and commerce power - may tax and spend for the general welfare

Question 2

commerce power

Answer 2

congress may resulate

1. the channels of interstate commerce (highways)
2. instrumentalities of interstate commerce (trucks, internet, etc) and persons or things in interstate commerce
3. activities that have a substantial effect on interstate commerce (if non-economic activity, a substnatial effect canno tbe based on cumulative effect)

Question 3

10A

Answer 3

limits congress’s power

all powers not granted to US are reserved to state

Congress cannot compel state reuglatory or legislative action

Question 4

delegation of powers

Answer 4

can delegate whatever the eff it wants

Question 5

legis. vetos and line item vetos

Answer 5

unconst.

Question 6

How does congress act?

Answer 6

bicameralism

1. paassage by house and senate
2. presentment - giving bill to pres to sign or veto

pres must sign or veto in entirety