Congress' Powers

Question 1

T/F: Every (federal) law that congress passes that is legitimate, displaces actual or potential laws that states can pass

Answer 1

True

Question 2

When there is a conflict between state and federal law, federal law wins under the __________ ________ (provided the law is constitutional)

Answer 2

Supremacy clause

Question 3

Congress’ powers granted in Article II are amplified by the __________ ____ _________ clause, which must be attached to another purpose or existing power

Answer 3

Necessary and Proper Clause

Within Article I, Section 8

Question 4

What are the main takeaways from McCulloch v. Maryland (1819)?

Answer 4

An act incorporating a federal bank is constitutional because the Constitution specifically delegates to Congress the power to tax and spend for the general welfare, and to make such other laws as it deems necessary and proper to carry out this enumerated power

The constitution and the laws made in pursuance thereof are supreme

Question 5

Article I, Section 8, Clause 3, the Interstate Commerce Clause gives Congress the power to regulate commerce with:
(name 3)

Answer 5

Foreign Nations
Among the Several States
The Indian Tribes

Question 6

Explain some takeaways from Gibbons v. Ogden (1824)

Context: NY state gave exclusive privilege for steam-boat navigation between NJ and NY to one party – the other party had a federal license to operate the same way

Answer 6

If Congress is silent on the commerce issue, then the state can regulate the commerce, but if Congress makes a rule governing the commerce, their rule is supreme

Since this is between NY and NJ it is “among the several states” (fits within Congress’ Interstate Commerce Power)

Question 7

If activity is local, yet exerts a substantial economic effect on interstate commerce, it is within Congress’s reach

What “wheat industry” regulation case demonstrated this?

Answer 7

Wickard v. Filburn (1942)

Question 8

Heart of Atlanta Motel v. United States (1964)

Hotel refused to rent to black people and intended to continue that practice

1964 Act (Title II): Equal enjoyment without discrimination/segregation

What was the “commerce clause test” put forth to uphold the Act as within Congress’ power?

Answer 8

Commerce Clause test

(1) Does the activity to be regulated concern more states than 1?

(2) Does it have a real and substantial relation to the national interest?

Question 9

United States v. Lopez (1995) was a case involving a gun in a school zone, it tested the “Gun-Free School Zone Act” and put forth a set of categories fitting under Congress’s Commerce Power (the 3 boxes).

What are the 3 Lopez boxes for regulating commerce?

Answer 9

(1) Regulating the use of the channels of interstate commerce (think trucking, trains, etc.)

(2) Regulating and protecting the instrumentalities of interstate commerce (goods carried)

(3) Regulating those activities that substantially affect interstate commerce (Never includes criminal or family law)

Question 10

In United States v. Morrison (2000), the Court determined that Congress does not have the authority under the Commerce Clause to regulate violence against women because it is not an economic activity.

Further, it clarified that Congress power under Section 5 of 14th Amendment does not apply to regulate the discriminatory actions of private parties but rather ___________ ___________.

Answer 10

State Actors (or State Officials)

Question 11

T/F: Growing marijuana for home use can be seen rationally as having a substantial effect on interstate commerce because there is an established, albeit illegal, interstate market for marijuana - meaning Congress has the power to pass laws regulating it

Answer 11

True

Gonzalez v. Raich (2005)
CA residents brought action to seek injunction and relief prohibiting the enforcement of the federal “Controlled Substances Act”

Question 12

T/F: The Necessary and Proper Clause only gives Congress the power to do things that are incidental to the valid exercise of some enumerated power

Answer 12

True

Question 13

T/F: The Commerce Clause empowers Congress to compel individuals to engage in commercial activity

Answer 13

False

NFIB v. Sebelius (2012)
Requiring individuals to “become active” in commerce by purchasing a product (on the ground that if they do not, it effects interstate commerce) would open a new and potentially vast domain to congressional authority

Question 14

In NFIB v. Sebelius (2012), it was determined that Congress’ power to establish the Affordable Care Act of 2010 did not come from the Commerce Clause, rather, it’s penalty provisions were determined to fall under Congress’ power to tax as amplified by the Necessary and Proper Clause

What are the 3 factors for determining whether something is a tax or a penalty?

Answer 14

(1) Whether there is an exceedingly heavy burden (If there is a heavy burden = penalty)

(2) Whether there is a scienter requirement
(No scienter requirement = everyone pays regardless of intention)

(3) Whether the payment is enforced/collected by the IRS? (Different part of the government = probably a penalty)

Question 15

In South Dakota v. Dole (1987), highway funds were federally allotted to states for fixing and maintaining roads. Congress says: to get the funding, you must raise your state drinking age to 21, otherwise 5% of your funding is revoked.

Is Congress allowed to attach these kinds of conditions? If so, what in the Constitution allows it?

Answer 15

Congress IS allowed to attach conditions to the receipt of federal money

Congress’ Spending Power
(Article I Section 8 Paragraph 2)

Question 16

5 Factors relating to Spending Power

(1) Must be spending for general welfare

(2) Must be clear that Congress is attaching a condition

(3) Condition must be related to the purpose of the spending

(4) Can’t use the condition to force a state to do something that violates the Constitution

(5) In some cases, the loss of money is so coercive that it violates the spending power

What case is this from?

Answer 16

South Dakota v. Dole (1987)

Question 17

Name the source of the following:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people

Answer 17

The 10th Amendment

Question 18

In Garcia v. SAMTA (1985), Congress passed a minimum wage/maximum hour law and SAMTA (State Transit) was not paying minimum wage/overtime.

What “Lopez” box would this type of regulation fit into?

Answer 18

Lopez box 3

Regulating those activities that substantially affect interstate commerce

Question 19

In the 10th amendment the powers not delegated to Congress, are left to the States. When you command a state employee to do something, you are commanding a state to do something.

This is a violation of the:

Answer 19

Anti-commandeering principle

Printz v. United States (1997)
Brady bill Interim Rules. Until the national background check office is up and running, local law enforcement staff are to conduct background checks on individuals buying guns. (VIOLATES ANTI-COMMANDEERING PRINCIPLE)

Question 20

T/F: Congress may issue direct orders to state legislatures.

Answer 20

False

Murphy v. NCAA (2018)
Under the U.S. Constitution, states retain individual sovereign rights. The statute directs state legislatures not to pass laws that would permit sports gambling. (VIOLATES ANTI-COMMANDEERING PRINCIPLE)

Question 21

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

Meaning Federal Courts CANNOT hear cases where States are being sued by citizens of another state or by citizens or subjects of any foreign state.

Name the source:

Answer 21

The 11th Amendment

Question 22

T/F: The 11th Amendment restricts the judicial power under Article III, and Article I cannot be used to circumvent the constitutional limitations placed upon federal jurisdiction

Hint: Seminole Tribe of Florida v. Florida (1996)

Answer 22

True

The Indian Gaming Regulatory Act 1988 imposes a duty upon the States to negotiate in good faith with an Indian tribe toward the formation of a compact

Notwithstanding Congress’ clear intent to abrogate the States’ sovereign immunity, the Indian Commerce Clause does not grant Congress that power, and therefore cannot grant jurisdiction over a State that does not consent to be sued

Question 23

T/F: The Eleventh Amendment provides immunity for states against actions by private citizens in federal administrative proceedings

Answer 23

True

Federal Maritime Commission v. SCSPA (2002)
Maritime Services Inc made a cruise ship and tried 5 times to “berth” it in SCSPA’s dock but kept being denied due to a policy that denies berths of vessels whose primary purpose is gambling

Question 24

In class, Professor Fallone said that someone always screws up the final exam by writing “can’t sue a State because sovereign immunity”

Who can sue a State? (List of 4)

Answer 24

(1) The Federal Government and other States

(2) Anyone, for violating Constitutional rights

(3) Anyone, if a Congressional Statute uses power delegated after the 11th amendment

(4) Anyone can sue a state official performing their job for the state for injunctive/declaratory relief (CAN collect damages from state officials INDIVIDUALLY for crimes/torts/non-official acts)

Question 25

T/F: Cities, counties, and villages enjoy the same privileges as States under State sovereign immunity

Answer 25

False

Question 26

In Fitzpatrick v. Bitzer (1976), what granted Congress the power to enforce legislation that overrides states’ Eleventh Amendment sovereignty?

Answer 26

Section 5 of the Fourteenth Amendment - for the purpose of enforcing the substantive rights of the Fourteenth Amendment (mostly for violating equal protection or civil rights)

Question 27

In Alden v. Maine (1999), a group of probation officers alleged that the State of Maine violated the Fair Labor Standards Act of 1938 by not paying them overtime.

How did the Supreme Court come out on this case in light of State sovereign immunity?

Answer 27

Maine has not consented to suits for overtime pay and liquidated damages under the Fair Labor Standards Act.

Congress cannot constitutionally extend jurisdiction over states in state courts without their consent.