Federal Legislative Power Flashcards
1
Q
Congressional Powers
A
- Taxing
- Spending
- Commerce
All powers must be either express or implied
2
Q
Exceptions where Congress has a police power
A
- Military (necessary and proper)
- Indian Reservations
- Lands (federal lands)
- Establishment of the District of Columbia
3
Q
Necessary and Proper
A
Article I, Section 8. Congress can adopt all laws that are necessary and proper to exercise its authority.
4
Q
Taxing & Spending Power
A
Congress may tax for the general welfare
5
Q
Commerce Clause
A
- Can Regulate commerce with foreign nations, Indian Tribes and Among the states
- May regulate channels of interstate commerce. Channels are the places where commerce occurs such as highways, waterways, internet, etc.
- May regulate the instrumentalities of interstate commerce and persons or things in interstate commerce
- Congress may regulate economic activities that have a substantial effect on interstate commerce (in the area of non-economic activity, a substantial effect cannot be based on cumulative impact)
- Wickard–cumulative–farmers growing wheat for personal use
- VAWA–non-economic, not allowed to do cumulative
6
Q
10th Amendment
A
- All powers not granted to the United State, nor prohibited to the states, are reserved to the states or people
- Congress cannot compel state regulatory or legislative action
- although they may create inducements by putting strings on grants as long as conditions are expressly staed and relate to the purpose of the spending program
- Congress may prohibit harmful commercial activity by state governments
7
Q
Delegation of Powers by Congress
A
- No limits exists on Congress’ ability to delegate legislative power
- Congress may not delegate executive poewr it itself or its officers
- LEgislative vetoes and line-item vetoes are unconstitutional. For Congress to act, there always must be bicamerialism and presentment. President must sign bill in its entirety
