Legislative Power

Question 1

Executive power comes from:

Answer 1

Article I

Question 2

List (2)

Congress’s powers are:

Answer 2

1. Enumerated in the constitution
2. Necessary and Proper to carry out enumerated powers

Question 3

Necessary and Proper clause

Answer 3

Congress has the power to make all laws “necessary and proper” to carry out any of its legislative powers that come from Article I

Question 4

think “couple”

Is the Necessary and Proper clause enough to stand on its own to give Congress the ability to make a law to carry out its legislative powers?

Answer 4

No. It must work in conjunction with/linked to another federal power

Question 5

List (4)

Spending power conditions

IOW: Congress can regulate states by imposing conditions on grants of money to state/local governments without violating the 10th A if conditions are:

Answer 5

1. Clearly stated
2. Related to purpose of program
3. NOT unduly coercive
4. Do not violate consitution

Question 6

list (2)

Federal taxes are generally valid if:

Answer 6

1. they bear some reasonable relationship to revenue production
2. promote general welfare

Question 7

list (2)

Most commonly tested congressional powers:

Answer 7

1. Taxing and Spending
2. Regulation of all foreign and interstate commerce

Question 8

Congress has the power to regulate _______ commerce

Answer 8

interstate commerce (btwn states)

Question 9

list (3)

In order for Congress to regulate interstate commerce, the law must:

Answer 9

1. Regulate channels of interstate commerce (highways, waterways, phone lines, internet … )
2. Regulate instrumentalities ^{(planes, cards, trains)} + persons + things - OR -
3. Regulate activities that have a substantial effect on interstate commerce

Question 10

list (2)

Exceptions to commerce clause

(iow: states can discriminate against out-of-state competition)

Answer 10

1. state acts as a market participant
2. regulation furthers important, noneconomic state interest (i.e. health or safety) and there are no reasonable alternative

Question 11

*RBT*

When can Congress regulate an intrastate activity?

Answer 11

If it an show a rational basis that the activity in its aggregate will affect interstate

Question 12

What test is used when analyzing if Congress has Taxing and Spending power

Answer 12

RBT

Question 13

10^th Amendment limitation for Congress regulating intrastate activity

Answer 13

cannot regulate noneconomic intrAstate activity

traditionally regulated by state or local govt

(i.e. criminalizing intrastate DV)

Question 14

Activity vs. Inactivity for Commerce Clause

Answer 14

Commerce clause allows Congress to regulate existing activity

Cannot compel activity

Question 15

Line item veto

Answer 15

President can only approve/reject bill as a whole

Question 16

list (2)

Legislative powers can be delegated to another branch if

Answer 16

1. Intelligible standards -AND-
   
   1. iow: the way the power is being delegated to the other branch is a way that is understood by both branches
2. Not a power uniquely confined to Congress

Question 17

list (2)

To pass a law Congress needs

Answer 17

1. bicameralism (bill passed by senate and HOR)
2. presentment (present bill to President for signature or veto)