Term
| Under the commerce power, what can congress regulate? |
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Definition
1. The channels of interstate commerce.
2. The instrumentalities of interstate commerce.
3. Any activity which substantially affects interstate commerce. |
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Term
| What is the aggregation principle related to Congress' Commerce power? |
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Definition
| Intrastate activity that does not have a direct impact on interstate commerce, may still fall under congress' regulatory commerce clause power if congress has a rational basis for believing the aggregation of those economic or non-economic intrastate activities substantially affects interstate commerce. |
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Term
| How broad is congress' taxing power? |
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Definition
A tax by Congress will generally be upheld if it has a reasonable relationship to revenue production or if Congress has the power to regulate the activity being taxed. Congress often promotes social welfare policies through its taxing power, and although it does have the power to tax for the general welfare, it does not give Congress the specific power to legislate for the public welfare in general. E.G. police power is reserved for the states.
Congress has the plenary (exclusive) to raise revenue through the imposition of taxes. |
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Term
| Can Congress tax some states more than others? |
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Definition
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Term
| How broad is Congress' spending power? |
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Definition
| The spending power is very broad. Congress can spend for the general welfare. Congress can also promote social policy by placing conditions on the receipt of federal funding. |
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Term
| What is the necessary and proper clause? |
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Definition
| The N+P clause gives Congress the power to enact any legislation necessary and proper to execute any authority granted to any branch of the federal government. It is not an independent source of power. |
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Term
| Which Congressional powers may be enforced through the necessary and proper clause? |
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Definition
| The Thirteenth, Fourteenth, and Fifteenth Amendments. (Slavery, EP+DP, Voting). |
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