Congressional Authority

Question 1

Necessary and Proper Clause

Answer 1

Authority beyond what is listed. Can never be used as an authority by itself, must always be traced back to something like a congressional act. (ROCKET BOOSTER)

Question 2

Challenging Congressional Authority

Answer 2

challenging that the law is exceeding the scope and violating individual rights

Question 3

Commerce Clause (three broad areas congress can regulate)

Answer 3

A. Channels (how good moves)
B. Instrumentalities (vehicles)
C. Intrastate Activity substantially affecting interstate commerce

Question 4

What determines if activity “substantially affecting interstate commerce”

Answer 4

1. Economic Activity
2. Jurisdictional hook
3. Legislative findings
4. Whether or not congress exercising a general police power?

Question 5

Evolution of Commerce Clause

Answer 5

• 1824: (Gibbons v. Ogden) Broad Read
• 19th Century: Lassiez-Faire (Narrow Read)
• 1937: NIRB & Darby Cases (More Broad)
• 1942: (Wickard v. Filburn) MOST BROAD
• 1995: 10th amendment hand in hand with commerce clause

Question 6

Economic Activity rule under commerce clause (Wickard and Raich)

Answer 6

Economic activity can be aggregated to see if it has an effect on commerce

Wickard - (one wheat farmer breaking quota is trivial, but the combination of all of them would have an effect on commerce)

Question 7

Jurisdictional hook (commerce clause)

Answer 7

A jurisdictional hook is a statutory clause requiring the regulated activity have a connection with commerce.

Question 8

Legislative findings (commerce clause)

Answer 8

The court can look at history to determine if something affects commerce. (i.e. racial discrimination)

Question 9

Congress exercising a general police power (commerce clause)

Answer 9

If congress tries to regulate health, safety, or welfare, then the act can be deemed unconstitutional via the 10th amendment.

If there’s a jurisdictional hook, this does not apply.

Question 10

Umbrella Principle

Answer 10

Congress has authority to regulate an umbrella of the law, then also has the authority to regulate any piece of that thing

Question 11

Anti-Commandeering Principle

Answer 11

Forbids congress from ordering states or their political subdivisions to take affirmative action to govern or regulate in a particular way

Question 12

Intrastate Activities

Answer 12

Although activities may be intrastate in nature, if they have a substantial relation to interstate commerce, Congress can’t be denied the power to regulate.

Question 13

Commandeering (general rule)

Answer 13

Congress cannot commandeer the state legislature or executive. Look for an act of congress forcing the state to do something. Analyze every provision of the statute.

Use of commerce and spending is key to determine commandeering.

Question 14

Spending Power

Answer 14

Congress has the broad power to tax and spend for the general welfare so long as it does not violate other constitutional provisions.

The spending clause is not limited by Congress’s enumerated powers, the only limit is that it must provide for general welfare.
(See South Dakota v. Dole)

Question 15

11th Amendment

Answer 15

Protects against monetary judgment out of state treasury. Limits the power of the federal courts to hear lawsuits against state gov’t

Question 16

State Sovereign Immunity

Answer 16

States cannot be sued in Federal Court

Question 17

Abrogation (Exception to 11th Amendment)

Answer 17

Federal Government can abrogate (end) sovereign immunity through valid legislation enacted under 13, 14, 15th amendment (use 14th to override 11th amendment)

Question 18

State Officer (Exception to 11th Amendment)

Answer 18

Take out of his own personal bank account (pocket) or injunctive relief.

Question 19

Rational Basis Review

Answer 19

A judicial standard of review that examines whether a legislature had a reasonable and not and Arbitrary basis for enacting a particular statute

Question 20

Strict Scrutiny Test

Answer 20

A standard of judicial review courts use to determine constitutionality of certain laws. To pass, legislature must have passed law to further “compelling government interest”