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7 Cards in this Set

  • Front
  • Back
Is there a general federal police power?
No. Only M.I.L.D.:
1. Military
2. Indian reservations
3. Lands & territories (federal)
4. District of Columbia
Categories of the Federal Legislative Power?
1. Congress' authority to act
2. Delegation of Powers
What gives Congress the authority to act?
1. Express or implied Congressional power
2. Necessary and proper clause
3. Taxing/spending power and commerce power
4. 10th Amendment as a limit on Congressional powers.
5. Section 5 of the 14th.
What exactly does the necessary and proper clause allow as part of Congressional power?
Congress can act, as long as not prohibited by the Constitution, to carry out its authority.
Rules under Congress' taxing/spending power and the commerce power?
1. Congress may tax/spend for the general welfare
2. Under COMMERCE POWER, Congress may regulate:
a. channels of interstate commerce
b. Instrumentalities of interstate commerce and persons or things in interstate commerce
c. Economic activities that have a substantial effect on interstate commerce
What does the 10th say about the limit on Congressional powers?
All powers not granted to the U.S., nor prohibited to the States, are reserved to the States or people. So:
1. Congress can't compel state regulatory or legislative action (except grants that relate to spending program)
2. Congress may prohibit harmful commercial activity by State gov'ts.
Congress' power under Section 5 of the 14th?
1. Congress may not create new rights or expand the scope of rights.
2. Congress may act only to prevent or remedy violations of rights recognized by the courts -- such laws must be 'proportionate' and 'congruent' to remedying constitutional violations.