Congressional Powers Flashcards
What are the enumerated powers of Congress as listed under Article I, Section 8?
1) Taxing & spending
2) Interstate & foreign commerce
3) War, armed forces, militia
4) Coin & borrow money
5) Immigration & naturalization
6) Mail
7) Copyright & patent laws
8) Federal courts
9) District of Columbia
10) Bankruptcy
11) Rules concerning captures
What may Congress do under it’s war and defense powers?
Article I, Section 8 enumerates the extremely broad war and defense powers that permit Congress to declare war and to provide for the national defense during wartime and peacetime—e.g.:
1) By excluding civilians from sensitive or military areas
2) By implementing a military draft and
3) By imposing wage, price, and rent controls on the private civilian economy.
What is the Commerce Clause of Article I?
The Article I commerce clause empowers Congress to regulate interstate commerce. Includes:
1) Channels (highways, waterways, airways)
2) Instrumentalities (Cars, trucks, ships, airplanes)
3) Any activity that substantially affects interstate commerce
Still cannot infringe on any constitutional right!
May Congress regulate an intrastate activity that does not have a direct economic impact on interstate commerce?
Yes, as long as there is a rational basis for concluding that the “total incidence” of the activity in the aggregate substantially affects interstate commerce, Congress may regulate even a minute amount of that total
What is the Dormant Commerce Clause, and when is it violated?
The DCC limits the power of state to legislate in ways that impact interstate commerce. This is implied through the Commerce Clause.
Violated when:
1) Discriminates against out-of-state commerce by favoring in-state over out-of-state economic interests
2) Unduly burdens interstate commerce, which occurs when the law’s burden clearly exceeds its local benefits or
3) Purposefully or deliberately regulates extraterritorial (i.e., wholly out-of-state) activity.
What are the Article VI Clauses, and what do they do?
Full faith & credit: States must recognize public acts, records & judicial proceedings of other states
Privileges & immunities: States cannot deny rights of state citizenship to citizens of other states
Property: Congress can dispose of & regulate federal land/territories for public or private use
Guarantee: Federal government must guarantee states republican form of government & protect states from invasion
Is the federal government immune from state taxation, and if so, where does this power come from?
Under the Article VI supremacy clause, the federal government is generally immune from direct taxation by the states.
EXCEPTION: Congress expressly consents
May states impose taxes or regulations that affect affiliates of the federal government?
Yes, unless:
1) Congress grants the affiliate immunity
2) The tax discriminates against the federal government or its affiliates
3) The nondiscriminatory tax substantially interferes with the affiliate’s ability to accomplish its federal purpose or duties—e.g., when a high tax burden makes it impossible for the affiliate to accomplish its federal functions.
What is the Doctrine of Preemption?
The Article VI supremacy clause renders a state law void when a federal law expressly or impliedly preempts it.
What is Express Preemption?
1) Constitution says federal regulation is exclusive; OR
2) Federal law expressly prohibits state/municipal regulation
What are the forms of Implied Preemption?
Field Preemption: Congress’s pervasive regulation shows intent to occupy the entire field
Conflict Preemption:
1) Direct: Impossible to comply with both laws
2) Indict: State/Municipal Law frustrates federal law’s purpose
What is the Takings Clause?
The Takings Clause of the Fifth Amendment provides that private property may not be taken for public use without fair compensation.
The Fourteenth Amendment makes the Takings Clause applicable to the states.
What is required to have standing for a Takings Clause case?
1) Property Interest
2) Property is Taken
3) Argue that it is not for public use
4) No just compensation
Delegation of Legislative Powers
Congress is permitted to **delegate* some of it’s authorities, so long as it provides an intelligible principle.
Even broadly phrased standards have been upheld.
Commandeering under the 10th Amendment
Congress may not **commandeer* state legislature by commanding them to enact specific laws or administer a federal program.
However, Congress may withhold funds to encourage state action.
