Federal Legislative Power

Question 1

Source

Answer 1

Article I, Section 8

Question 2

Limit to federal legislative power

Answer 2

Powers are enumerated

Question 3

Necessary and Proper Clause

Answer 3

not an enumerated power (so not a basis for legislative power), but allows Congress to choose any rational means to carry out an enumerated power, as long as means not prohibited by Congress

Question 4

Enumerated legislative powers (3)

Answer 4

Taxing and spending powers
Commerce power
Property power

Question 5

Taxing and spending power

Answer 5

May tax and spend to provide for the general welfare, and may also add conditions (strings) to federal spending (as long as not “unduly coercive”)

Question 6

Commerce power: regulation of commerce (3 types)

Answer 6

Foreign nations, Indian tribes, among states

Question 7

Commerce power: interstate commerce (3 types)

Answer 7

Channels
Instrumentalities
Substantial effect in aggregate

Question 8

Commerce power: limits on interstate commerce (2)

Answer 8

Noneconomic activity in area traditionally regulated by states or compelling participation in commerce

Question 9

Delegation of legislative power (3 types)

Answer 9

To agencies - intelligible principle
To president - no line-item veto (violates bicameralism and presentment)
To Congress - no legislative veto without bicameralism and presentment