Constitutional Law - Federal LEGISLATIVE Powers (taxing, spending, COMMERCE) Flashcards
FEDERAL LEGISLATIVE POWERS
The Constitution grants Congress a number of specific powers, many of which are enumerated in Article I, Section 8. It also grants auxiliary poers under the “Necessary and Proper” Clause
What are the three main Federal Legislative Powers? (Congress’s Big 3)
(1) Taxing
(2) Spending
(3) Commerce
There must be an express or implied congressional power, but there are 4 EXCEPTIONS where Congress has a POLICE POWER (note: this is not a “power” of congress in the traditional sense)
MILD
M- Military (Congress can do whatever it needs to do to maintain the army/navy)
I - Indian Reservations
L - Lands (e.g. can protect federal lands)
D - District of Columbia
TAXING AND SPENDING POWERS
Congress may TAX and SPEND for the “General Welfare”
congress can attach strings to federal grants under the spending power as well
STRINGS ON GRANTS
Spending Power
Congress can induce state government action by putting strings on grants, so long as the conditions are expressly stated and relate to the purpose of the spending program
e.g. - 21 yr old drinking age - Congress said if states want Fed highway money, they have to pass a 21-hr-old drinking age - this was fine because it was state’s option and it related to goal of spending program - i.e. highway safety
COMMERCE CLAUSE: Congress may act under the COMMERCE CLAUSE in 3 situations
(Art. I, Sec. 8) Congress can regulate commerce with “Foreign Nations, Indian Tribes and among the states.”) Supreme Court says Congress may regulate 3 areas:
(1) the CHANNELS of interstate commerce (highways, waterways, internet etc.)
(2) INSTRUMENTALITIES of interstate commerce (persons and things - trucks, planes, phones, internet)
(3) Economic activity that has a SUBSTANTIAL EFFECT on intestate commerce
- –e.g Wickard v. Filburn - Congress allowed to regulate domestic production of wheat bc of aggregate impact if all farmers produced as much as they wanted
- –in the area of NONECONOMIC ACTIVITY (aka noncommercial), a “substantial effect” cannot be based on cumulative impact - e.g. violence against women act was no good under commerce clause bc regulating noneconomic activity and alleged effect on interstate commerce was “cumulative” impact of abuse against women
Congress - Delegation of powers
No limit exists on Congress’ ability to delegate legislative power
Legislative Vetos and Line-item Vetos
Both of these are unconstitutional, because for Congress to act, there always must be Bicameralism (passage by both house and senate) and Presentment (giving the bill to president to sign or veto).
LINE ITEM VETO - is when president crosses out parts of legislation he doesn’t want to become law and then signs the bill into law - this evades the “presentment” requirement bc Presentment requires president to sign or veto a bill in its entirety
LEGISLATIVE VETO - is an attempt by Congress to overturn an executive agency action without bicameralism or presentment - legislative vetos of executive actions are invalid
Taxing Power of Congress
VERY BROAD - be hesitant to say a tax is invalid
A tax measure will be upheld if it bears some reasonable relationship to revenue production or if Congress has the power to regulate the taxed activity
Legislative Veto
attempt by Congress to overturn an executive agency action without bicameralism or presentment
–Usually arises when Congress delegates discretionary to the PRESIDENT or an EXECUTIVE AGENCY. In an attempt to control the delegation, Congress requires the President or agency to present any action taken under the discretionary power to certain members of Congress for approval. If they disapprove, they veto the action and that is the final decision of the action. This is unconstitutional because to be valid, a legislative action (the veto) must be approved by both houses and presented to the President for his approval.
