Congressional Powers

Lots of legislative powers to remember for the MBE. Below lists them all with a few of the most important points to keep in mind about each:

The Taxing Power:  

The essential requirement here is that either the tax bear some reasonable relationship to revenue production or that Congress has the power to regulate the activity taxed. 

The Spending Power:

Congress may spend to provide for the common defense and general welfare. This is quite broad; spending may be for any public purpose, though the power may be limited by other constitutional provisions. Worth noting that although Congress can tax and spend for the general welfare, it cannot legislate for the general welfare. Watch out for that trap on the MBE. 

The Commerce Power:

Congress has the power to regulate all foreign and interstate commerce. The federal law regulating interstate commerce must either regulate the channels of interstate commerce or regulate the instrumentalities of interstate commerce. In addition, the power extends to the regulation of activities that have a substantial effect on interstate commerce. This may even include intrastate activity if such activity is economic or commercial and there is a rational basis for Congress to conclude that the activity in the aggregate substantially affects interstate commerce. 

The War Power:

Congress declares war, and raises/supports armies. It also provides for and maintains a navy. Economic regulation during war and in the postwar period is likely to be upheld. Congress also has the power over regulation of armed forced through the military courts and tribunals. These military courts have jurisdiction over all offenses committed by persons who are members of the armed services both at the time of the offense and when charged. American civilians, on the other hand, may be tried by military courts only if warfare forces the federal courts to shut down.

The Investigatory Power: 

The power of Congress to investigate is implied and investigation may be expressly or impliedly authorized by the appropriate congressional house. 

The Property Power:

Congress has the power to dispose of and make rules for territories and other properties of the United States. This is an absolute power to dispose of property but note the rules of eminent domain should be considered when property is taken. Although Congress has no federal police power it does have police-type powers of the District of Columbia, federal lands, military bases, and Indian reservations. 

The Bankruptcy Power:

Congress has the power to establish uniform rules of bankruptcy but this power is nonexclusive. States may legislate in the field as long as their laws do not conflict with federal law (as per the Supremacy Clause).

The Postal Power:

The postal power is exclusive. Though Congress may place reasonable restrictions on the use of the mails, it may not deprive any citizen or group of citizens of the general mail privilege. 

The Power Over Citizenship:

Congress has plenary power over aliens. Aliens have no right to enter the United States but resident aliens are entitled to notice and a hearing before they can be deported. Congress may not take away the citizenship of any citizen (native born or naturalized) without consent. 

The Admiralty Power:

Congress's admiralty power is exclusive unless it leaves maritime matters to state jurisdictions. 

The Power to Coin Money:

Congress has the power to coin money and to fix standards for weights and measures. 

The Patent/Copyright Power:

Congress has the power to control the issuance of patents and copyrights. 

The Necessary and Proper Power: 

Congress has the power to make all laws necessary and proper for executing any of the powers mentioned above.