Fed Legislative Pwr Flashcards
What are the 5 main categories of congressional pwr?
1) Taxing/spending pwr: Congress may tax/spend for the “general welare” (this is NOT the pwr to promote the general welfare, sans taxing)
2) Commerce pwr: can regulate commerce (i) w/ foreign nations, (ii) indian tribes; AND (iii) among the states; Congress may regulate (i) the channels of interstate commerce (e.g., highways, waterways, the Internet), (ii) the instrumentalities of interstate commerce (i.e. trucks, planes or phones), (iii) economicINTRAstateactivities that have a substantial (cumulative) affect on interstate commerce, (iv) non-economic INTRAstate activities where Congress can FACTUALLY SHOW a subtstantial economic effect on interstate commerce (non-cumulative)
3) §5 of 14 Am
4) Ltd police pwrs = re: “M-I-L-D” categories ONLY Military, Indian reservation, Lands (federal) District of Columbia
5) Necessary & Proper Cl: Congress can adopt all laws that are “necessary and proper” to exercise its EXPRESS/IMPLIED authority (as per above)
Can Congress compel state regulatory or legislative action?
NO! Under the 10th Am (reserving to states pwrs that are not granted to the US), Congress CANNOT compel state regulatory or legislative action, BUT…
Congress CAN induce state gov’t action by putting strings on grants(p/t Spending pwr), SO LONG AS the conditions are EXPRESSLY stated and RELATE to the purpose of the spending program
Congress may prohibit HARMFUL commercial activity by state gov’ts (e.g. state’s can’t release personal information of patients for $)
When can Congress delegate legislative pwr?
FOR ALMOST ANYTHING!(as long there is an intelligible principle)
EXAM TIP: the non-delegation answer is almost ALWAYS wrong
When are legislative vetos and line item vetos allowed?
NEVER! They are unconst.
Legislative veto: For Congress to act, there MUST be bicameralism (passage by both houses) AND presentment (veto/non-veto by POTUS)
Line-item veto: POTUS must sign or veto the bill in ITS ENTIRETY; NOT allowed to strike certain provisions
Is Congress allowed to give Executive pwr to itself?
NO! Congress can GIVE pwr (delegation to agencies), BUT CAN NEVER take away pwr from another branch
When does Congress have police power?
Military, Indian Reservations, Lands (Federal), and District of Columbia
What does the 10th Amendment Provide?
All powers not granted to the US States or prohibited to the states are reserved to the states or the people.
What is the 15th Amendment?
Prohibits fed AND state govt from denying right to vote based on race or color. Enabling clause allows Congress to adopt leg protecting right to vote from discrimination.
