Congress Flashcards
When does congress have police powers?
DC, Indian land, Fed land,
Necessary and Proper Clause
Congress can pass rational laws,
Must be combined with other power
Tax and Spend Clause
Congress can tax and spend for general welfare
And attach strings to Fed money:
1. Clearly stated
2. Related to purpose
3. Not unduly coercive
Commerce Clause
Congress can regulate channels, instrumentalities, activities with substantial effect on interstate commerce
Delegation Power
Congress can delegate its power but must be intelligible
Major Questions Doctrine
Major Questions Doctrine
If extraordinary economic or political significance, need clear power to do from congress
Can congress have just one house approve a law?
No need bicameralism
Can Congress expand the Jx of the SC?
No
Congress’s tax power
Ok to increase to taxes and upheld if reasonable relationship to the goal of the revenue
(Even ok if adverse economic effect)
Congress 13th A Power
Can reach private conduct regarding discrimination/slavery on basis of race ancestry or background
Congress Veto regarding fee agency’s actions
Require majority of vote by both houses and must be presented to the President
Speech and Debate Clause and Congress
Shields members of congress from civ or crim suits relating to legislation action and grand jury
*anything made outside of Congress is not protected