Federal Legislative Power

Question 1

Powers of Legislative Branch

Answer 1

Taxing and Spending Power
Foreign and INterstate Commerce

Question 2

Taxing and Spending Power (Article 1, Section 8, Clause 1)

Answer 2

Taxing: Must bear reasonable relationship to revenue production or be within COngress’s regulatory power

Spending: Congress can spend money based on the general welfare

These powers are limited by individual rights afforded by the Constitution.

Question 3

Congress’s Police Powers

Answer 3

COngress does not have legislative authority under police powers unless related to D.C., a US territory, or the military

Question 4

Congress’s Commerce Power

Answer 4

1. Plenary power to regulate interstate and foreign commerce
2. Can regulate intrastate commerce if:

(1) channels of interstate commerce (e.g., highways),
(2) instrumentalities of interstate commerce (e.g., semi-trucks),
(3) economic activity where there is a substantial effect on interstate commerce in the aggregate.

Question 5

Thirteenth Amendment

Answer 5

Thirteenth Amendment provides that neither slavery nor involuntary servitude shall exist within the United States.

It gives Congress the power to adopt appropriate legislation to enforce the proscription. Since the amendment is not limited to proscribing state action, Congress may adopt legislation regulating private parties.

Under the amendment, the Supreme Court has allowed Congress to prohibit any private conduct that Congress deems to be a “badge” or “incident” of slavery, and has upheld statutes regulating private contracts.