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Foundations of Law
Constitutional Law
Federalism & Separation of Powers
Congressional Powers

Question 1

Which of the following is NOT a power granted Congress in Article I?

The power to regulate commerce.

Correct

Incorrect!

The power to levy taxes.

Correct

Incorrect!

The power to declare war.

Correct

Incorrect!

The power to enter into treaties.

Correct Article I, Section 8 provides a list of Congressional powers, and the power to enter into treaties is not included on this list. This power is reserved for the Executive branch of our federal government.

Incorrect! Article I, Section 8 provides a list of Congressional powers, and the power to enter into treaties is not included on this list. This power is reserved for the Executive branch of our federal government.

Question 2

Congress was disturbed to discover that many states do not require motorists to carry even minimal liability insurance. Congress could mandate that states pass laws requiring such insurance in accordance with:

Article I, Section 2, clause 4.

Correct

Incorrect!

Article I, Section 8.

Correct

Incorrect!

The Commerce Clause

Correct

Incorrect!

Congress cannot compel states to pass such a law.

Correct The Tenth Amendment reserves any non-enumerated powers for the states, and thereby prevents Congress from passing laws except insofar as Congress is granted Constitutional authority in the area.

Incorrect! The Tenth Amendment reserves any non-enumerated powers for the states, and thereby prevents Congress from passing laws except insofar as Congress is granted Constitutional authority in the area.

Question 3

If Congress wants to ensure that motorcycle-helmet laws are passed by all of the states, the best way to do so would be to:

Repeal the Tenth Amendment and pass federal legislation.

Correct

Incorrect!

Use the General Welfare Clause to establish a tax.

Correct

Incorrect!

Use the General Welfare Clause to attach "strings" to funding provided to the states.

Correct Congress could require that in order for a state to receive federal funding for health care, or any other federal funding, the state must have and enforce a motorcycle helmet law. Note that (a), repealing an Amendment, is exceedingly difficult and that despite (d), the Fourteenth Amendment cannot be used to compel state action in any way here.

Incorrect! Congress could require that in order for a state to receive federal funding for health care, or any other federal funding, the state must have and enforce a motorcycle helmet law. Note that (a), repealing an Amendment, is exceedingly difficult and that despite (d), the Fourteenth Amendment cannot be used to compel state action in any way here.

Use the Fourteenth Amendment to compel state action.

Correct

Incorrect!

Question 4

Evaluate the following statement: Congress may not delegate its constitutionally-granted powers to any other branch of the federal government.

TRUE. The Constitution grants Congress certain powers and so it is Congress which must exercise those powers.

Correct

Incorrect!

FALSE. So long as some guidance is provided to the delegee(s), Congress may properly delegate any powers granted under the Constitution.

Correct Not only may Congress delegate its powers so long as some guidance is provided, but for the past several decades not a single delegation of power has been struck down for lack of guidance or other failing.

Incorrect! Not only may Congress delegate its powers so long as some guidance is provided, but for the past several decades not a single delegation of power has been struck down for lack of guidance or other failing.

Question 5

Congressional power to tax and spend is derived from:

The Taxation Clause

Correct

Incorrect!

The General Welfare Clause

Correct The General Welfare Clause (Article I, Section 8, clause I, grants Congress the power to collect taxes. There are no clauses named as suggested by the other answer choices.

Incorrect! The General Welfare Clause (Article I, Section 8, clause I, grants Congress the power to collect taxes. There are no clauses named as suggested by the other answer choices.

The Revenue Clause

Correct

Incorrect!

The Levy Clause

Correct

Incorrect!

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