Congressional Powers Flashcards
Military Courts and Tribunals
Article I, Section 8, Clause 14 and the Necessary and Proper Clause give Congress the power to establish military courts and tribunals.
Limitations:
- military tribunal can’t try enemy combatant U.S. Citizens
- Gitmo Rule: if alien prisoners are held on us foreign territory, cannot deny them due process of law.
The Commerce Clause
- Generally, Congress has the power to regulate commerce with foreign nations, the states, and Indian tribes.
- Intrastate regulation: Congress can regulate the (a) Channels, (b) Instrumentalities and (c) Activities that effect.
The Dormant Commerce Clause
Allows states to pass laws dealing with interstate commerce within their state so long as it does not:
i) Discriminate against out-of-state commerce;
ii) Unduly burden interstate commerce; or
iii) Regulate wholly out-of-state activity.
Congress’s Taxing and Spending Power
Under Article I, Section 8, Congress has plenary power to tax and spend for any purpose that is RATIONALLY related to the General Welfare and has a REASONABLE relationship to revenue production.
Judicial Immunity
A judge is absolutely immune from civil liability for judicial acts, including grave procedural errors. The judge is not immune, however, to lawsuits regarding non-judicial activities.
Anti-Commandeering
Congress can’t force states to adopt or enforce regulatory programs. Nor can it make state officials do so.
Supremacy Clause and Federal Preemption (Dormant Commerce Clause)
Federal law supersedes conflicting state law. But if Congress does not intend to fully occupy area states free to pass laws.
Except, there is a presumption against preemption in areas in which states have traditionally exercised police power.
Regulation of Speech - Broad / Vauge
A statute that regulates speech may not be overly broad or vague. That is, it must be narrow and specific, and a reasonable person must be able to determine whether his speech is proscribed or not.
Regulation of speech - Public Fourm
A public forum is a place that has been devoted to public discourse either traditionally or by governmental designation.
Regulation of Elections
The Elections Clause explicitly empowers Congress to override state laws concerning federal elections.
Fundamental Rights - Abortions
Government cannot place substantial obstacles in the way of a woman’s right to seek an abortion before the fetus attains viability. An undue burden has been found when a state requires a woman to notify her spouse before having an abortion.
Bankruptcy Act
Although Congress, acting pursuant its Article I powers, generally cannot abrogate state immunity, the Bankruptcy Clause gives Congress the power to subject states to its provisions. While the Eleventh Amendment generally immunizes the state from suits for money damages or equitable relief when the state is a defendant in an action brought by a citizen of another state, it does not bar the actions of a bankruptcy court that impacts state finances.
Regulation of Commercial Speech
Regulation of commercial speech must be by narrowly tailored, reasonable, and proportional means that directly advance a substantial government interest.
Regulation of Speech - Location
Narrowly drawn zoning ordinances may be used to restrict the location of adult theaters if the purpose of the regulation is to reduce the impact on the neighborhood of such establishments, but may not be used to ban such establishments entirely
Campaign Financing
Statutes limiting campaign contributions are subject to intermediate scrutiny: they must be “closely drawn” to correspond with a sufficiently important interest. Laws may limit contributions to individual candidates, but not to ballot measures.
