Congressional Powers Flashcards
what are the War Powers
Congress must take any means necessary for the national defense in both wartime and peacetime, incl. rent ctrl.
power to declare war, raise and support armies, provide and maintain a navy, etc
Equal Protection + Enabling Clause of 14th A
Congress may pass legislation to enforce EP and DP rights but CANNOT create new EP rights by creating a new protected class - this is for judiciary alone
Citizenship and Naturalization + Discrimination + standards of review
plenary power of citizenship and naturalization but can discriminate amongst aliens in a way prohibited as to citizens
SS - discrimination against citizens as a class and aliens as a class
RB - illegal aliens
IS - illegal alien children
14th Amendment Enforcement
Section 5 gives Congress power to enact remedial legislation to protect individuals discriminated against based on classification (unprotected class), suhc as allowing such indiv to sue the state
Can Congress overrule 11th Amendment?
No, except for 14th A, Section remedial legislation
What is Congress’ powers wrt bankruptcy?
Art I, Sec 8 provides that Congress may establish laws governing bankruptcy
State Tax on ISC - Complete Auto Test
- activity taxed must have substantial nexus to the state
- fairly distributed
- must not discriminate against interstate commerce
- fairly related to services provided by the state
for foreign commerce:
above +
1. must not create risk of multiple intl taxation
2. must not interfere with US’ ability to speak as “one voice”
What is the scope of the Speech and Debate Clause?
protects statements and conduct in the regular course of legislative business but does not extend to criminal prosecution
When can states act in ways that violate the DCC?
when Congress explicitly permits it
When will a federally-imposed tax be upheld? what if it happens to land on just one state because only one state makes that item?
uniformly imposed across the US and has reasonable relation to raising revenue
ok, so long as wherever that item it, uniform tax rate
NOTE: be hesitant to answer that a tax is unconst -so long as uniform and related to raising revenue, likely ok
what can congress regulate under commerce?
i. Channels
ii. instrumentalities,
iii. activities that substantially affect interstate commerce (ISC) (even intrastate, economic activity under cumulative effect doctrine)
a. Substantial effects doctrine: To determine substantial effect, consider aggregate effect of similar actions
what is required for impeachment? who can be impeached?
Congress can remove the president, federal judges, and federal officials through impeachment
i. House impeaches; Senate tries and can convict with 2/3 vote
must a senator’s speech be germane to legislative business to protected under the speech and debate clause?
no
