Congressional power Flashcards
what powers can congress exercise
enumerated powers in constitution
powers that are necessary and proper to carry out any of its enumerated powers
where does congress have a general police power
federal lands, native reservations, DC
no general federal police power otherwise
what does the necessary and proper clause allow?
congress can use any rational constitutional means to exercise an enumerated power
NOT supportive of a power on its own
taxing and spending power
Congress has the power to tax and spend to provide for the general welfare.
Meaning: Taxing and spending may be for any public purpose not prohibited by the Constitution.
main enumerated powers
taxing and spending powers
commerce power
to what extent can congress impose conditions on grant of money to state or local governments?
(1) are clearly stated
(2) relate to the purpose of the program
(3) are not unduly coercive
and
(4) do not otherwise violate the Constitution.
can congress legislate for the general welfare?
no
congress can only tax and spend for the general welfare
non spending regulations cannot be supported by the general welfare clause
what is unduly coercive condition?
force states or governments to buy something
The Supreme Court found that it was unduly coercive for the fed- eral government to threaten to withhold current Medicaid funding to the states, which often accounts for more than 10% of state budgets, if the states refused to participate in a Medicaid expansion program
what is the commerce power?
he power to regulate all foreign and interstate commerce, as well as commerce with Indian tribes
what is interstate commerce?
1 - The channels of interstate commerce (for example, high- ways, waterways, telephone lines, the internet)
2 - The instrumentalities of interstate commerce (for exam- ple, planes, trains, automobiles) and persons and things in inter- state commerce
3 - Activities that have a substantial effect on interstate commerce
to what extent can congress regulate intRAstate commerce?
Congress can regulate local ECONOMIC or COMMERCIAL activity [like growing of wheat or weed] if there is a rational basis on which Congress could conclude that the activity in the aggregate substantially affects interstate commerce.
NOT noneconomic or noncommercial activity
if intrastate activity is noneconomic, what is the extent to which congress can regulate it?
Congress can regulate it only if it can show that the activity has a direct substantial economic effect on interstate commerce
which congress generally cannot do
10th amendment limitation on regulation of intrastate activity
Tenth Amendment to precludes Congress from regulating noneconomic intrastate activity in areas traditionally regulated by state or local governments.
example: criminal law, schools
Ex: Criminal ban on possessing a gun within 1,000 feet of schools not allowed to be regulated by Congress
can congress compel activities?
no
congress cannot regulate inactivity
Mandate to purchase individual health insurance is not allowed [but congress can tax]
examples of what congress can and cannot regulate
Ban on discrimination at hotels and restaurants. Does this fall within Congress’s commerce power? YES
Criminal ban on possessing a gun within 1,000 feet of schools. Does this fall within Congress’s commerce power? NO
Criminal ban on possessing a gun within 1,000 feet of schools in connection with drug trafficking. Does this fall within Congress’s commerce power? YES
how is the commerce clause a basis for civil rights laws?
almost any activity taken cumulatively might have a substantial effect on interstate commerce
w/r to discrimination, what does the commerce power allow congress to do?
Congress may prohibit private discrimination in activities that might have a substantial effect on interstate commerce.
Contrast that with public discrimination (that is, by state or local governments), which Congress can directly regulate under its Fourteenth Amendment enforcement power
what are the other powers of congress? (less tested)
(1) war
(2) investigatory power
(3) property power
(4) postal power
(5) power over citizenship
(6) admiralty power
(7) power to coin money and fix weights and measures
(8) patent/copyright power
what are the other powers of congress? (less tested)
(1) war
(2) investigatory power
(3) property power
(4) postal power
(5) power over citizenship
(6) admiralty power
(7) power to coin money and fix weights and measures
(8) patent/copyright power
to what extent can congress delegate legislative power over regular matters?
REGULAR MATTERS
Congress can delegate legislative power as long as it is cabined by intelligible standards and isn’t an exclusively congressional power (like impeachment)
speech or debate clause does what
gives immunity for federal legislators
conduct that occurs in the regular course of the federal legislative process and motivation behind that conduct are immune from prosecution
major questions doctrine
for matters of extraordinary economic and political significance, congress can delegate power to executive if
congress gives clear congressional authorization for the claimed power
and
the court will look at whether the agency has historically asserted such power
modest, vague, or subtle language can’t support a broad delegation of power.
line item veto rule
no line item vetoes
giving the President the power to cancel parts of a bill while approving others is an unconstitutional delegation of legislative power
president can only sign or veto bill, not amend bill because that is legislative power
how must law be passed?
bicameralism – both houses
presentment – given to president to sign or veto
congress removal power
Congress can remove executive officers only through the impeachment process
Congress can provide statutory limitations (for example, removal only for good cause) on the President’s power to remove executive appointees [not high level executive officers or heads of independent agencies who are sole directors and exercise lots of executive power]
who has standing to challenge law authorizing president to exercise a line item veto?
members of congress lack standing to do this because the injury is institutional in that it is shared by all members of congress
who lacks standing to challenge federal appropriations?
taxpayers
who has power to regulate foreign commerce
congress
what is the admiralty power
power to regulate all navigable waterways
appointment clause powers
appointments clause permits congress to vest appointments of inferior officers only in the president, the courts, or the heads of departments
enforcement is an executive act, therefore, congress CANNOT appoint members of a commission that exercises enforcement powers
