FEDERAL LEGISLATIVE POWER (ARTICLE I)

Question 1

What are things that Congress is given power through? (3)

Answer 1

1. Necessary and Proper Clause
2. Commerce Clause
3. Taxing & Spending
4. Post Civil-War Amendments (13th, 14th, 15th)

Question 2

When can Congress Act?

Answer 2

Need to point to a power in the Constitution to Act

Question 3

When can the States Act?

Answer 3

“Police Power” can enact whatever they want if it does not violate the Constitution

Question 4

When can Congress NOT Act?

Answer 4

Activities that are beyond the reach of Congress are “those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government

Question 5

Congress has the broad authority to tax but CANNOT (health insurance case)

Answer 5

Compel individuals to engage in commerce through the Commerce Clause

Question 6

The Federal government CANNOT use its Spending Power to

Answer 6

Coerce States into federal programs by threatening to withhold large amounts of existing funding

Question 7

What is the Necessary and Proper Clause (Sweeping Clause)?

Answer 7

Article I, Section 8, Clause 18: Grants Congress the authority to make laws that are needed to execute its enumerated powers and other powers vested in the federal government

Question 8

What is the Commerce Clause? (Article I Section 8)

Answer 8

Give Congress the power to regulate trade and economic activities between states, with foreign nations, and with Native American Tribes

Question 9

What is the Rule from McCulloch v. Maryland? (2)

Answer 9

1. Constitution delegates Congress the power to tax and spend for the general welfare, and to make other laws as it deems necessary and proper to carry out this enumerated power.
2. Federal laws are supreme and states may not make laws that interfere with the federal governments exercise of its constitutional powers

Question 10

What can Congress regulate under the Commerce Clause? (3)

Answer 10

1. Channels of interstate commerce
2. The instrumentalities (things) of interstate commerce
3. Activities having a “substantial effect” on interstate commerce

Question 11

What is the Rule from Sebelius involving Congress and its Taxing Power? (2)

Answer 11

1. Congress may use its Taxing Power to impose a financial penalty on individuals who fail to comply with the mandate to purchase health insurance, as long as the penalty functions as a tax and not a punishment
2. Congress cannot compel individuals to purchase insurance under the Commerce Clause, which does not give Congress the power to force individuals into economic activity

Question 12

What is the Rule from Sebelius involving Congress and incentives?

Answer 12

1. Congress may offer financial incentives to States to expand Medicaid, but it cannot without existing Medicaid funding from States that refuse to comply with the expansion, doing so would be a form of coercion under the Spending Power

Question 13

What is Coercion under the Taxing and Spending Clause?

Answer 13

Congress can offer states financial incentives to participate in federal programs, but it cannot impose conditions that effectively leave states no choice but to comply (such as threatening to cut off existing substantial funding)

Question 14

What is Compulsion under the Commerce Clause?

Answer 14

Congress can regulate economic activities that substantially affect interstate commerce, but it cannot force individuals or States to engage in commerce or participate in economic activity when they otherwise would not

Question 15

What does the the 10th Amendment state?

Answer 15

Reserves powers not delegated to the federal government by the Constitution, nor prohibited by the States, TO the states or the people

Question 16

What is the Rule from NLRB? Commerce

Answer 16

1. Congress may regulate labor relations under its Commerce Clause Power because labor relations have such a close and substantial relationship to interstate commerce that their control is essential to protect that commerce from burdens and obstructions

-Though activity is local in nature, they have substantial impact/effect on interstate

Question 17

What is the Rule from Darby?
(failed labor conditions)

Answer 17

Congress may regulate the labor standards involved in the manufacture of goods for interstate commerce and may exclude from interstate commerce any goods produced under substandard labor conditions

Question 18

What is the Rule from Wickard v. Filiburn? (Wheat Case)

Answer 18

Congress can regulate activity that may not directly involve interstate commerce but can indirectly affect it

Question 19

What is rule from Heart of Atlanta Motel?

Answer 19

Congress may enact regulations that prevent racially discriminatory policies in hotel accommodations because of the negative effects of those policies on interstate commerce

-PEOPLE MOVE IN INTERSTATE

Question 20

What is the Rule from Katzenbach?

Answer 20

Congress may regulate the discriminatory policies of restaurants through Civil Rights Act if those policies have a substantial effect on interstate commerce

Question 21

What is the rule from Lopez?

Answer 21

First case in over 50 years to impose limits on Congress’s use of the Commerce Clause

Congress cannot regulate activities that are purely local and non-commercial unless they substantially affect interstate commerce

(Gun School)

Question 22

What is the rule from U.S v. Morrison?

Answer 22

Congress does not have the authority under the CC to regulate violence against women because it is not an economic activity

Question 23

What is the rule from Gonzalez v. Raich?

Answer 23

Congress can regulate activities that may not themselves be part of interstate commerce but when considered in aggregate, have a significant impact on interstate commerce

(Homegrown marijuana)

Question 24

What is the Anti-Commandeering Doctrine?

Answer 24

A legal principal that prohibits the federal government from forcing State governments to implement or enforce federal laws or regulatory programs

Question 25

The Federal Government cannot: (Anti-Commandeering)

Answer 25

1. Tell the State government how to legislate
2. Tell the State government how NOT to legislate
3. Tell States to require state executive officials to administer certain law

Question 26

The Federal government can create incentives if:

Answer 26

1. It is not interfering with their autonomy
2. If they want the money, they can do it, not forcing them

Question 27

What is the Rule for NY v. US? (2)

Answer 27

1. Congress may not compel states to enact or administer a federal regulatory program
2. Congress can offer financial incentives to encourage States to comply with federal policies

Question 28

What is the rule for Printz?

Answer 28

Congress may not compel State officials to participate in the administration of federal programs

Question 29

What is the rule from Reno v. Condon? (2)

Answer 29

Congress may regulate State activities using CC powers, provided that the regulations does not require the state to
1. Enact any laws or regulations AND
2. Does not require state officials to assist in the enforcement of federal statutes regulating private individuals

Question 30

What is the rule from Murphy v. NNCA? (2)

Answer 30

1. States must be free to change their own laws
2. The 10th Amendment prohibits Congress from ordering State legislatures to take or not take certain actions

Question 31

What is a permissible incentive?

Answer 31

Congress can offer grants, funding or other benefits to States in exchange for them voluntarily implementing federal policies

Question 32

When are incentives not permitted?

Answer 32

When the Government ties too large a portion of the State’s budget or resources to compliance, leaving States no meaningful choice but to comply

When incentive is too punitive, it becomes unconstitutional under the Anti-Commandeering Doctrine

Question 33

Congress may place conditions on spending grants, as long as they: (5)

Answer 33

1. The spending promotes the GENERAL WELFARE
2. The condition is UNAMBIGUOUS, so States know what they are agreeing to
3. The condition is related to a FEDERAL INTEREST in the particular program
4. The condition does not violate any other CONSTITUTIONAL PROVISION
5. The f inducement offered to the states is NOT COERCIVE

Question 34

What is the rule for Butler? (regulating agriculture by offering subsidies)

Answer 34

Congress may not use its taxing and spending powers to obtain an unconstitutional result, such as evading the reserved rights of the States under the 10th Amendment

Congress has the authority to tax and spend for general welfare but it cannot use this power as a means to regulate local agricultural production, a matter reserved to the States

Question 35

What is the rule from Sabri? (bribery)

Answer 35

Congress can pass criminal laws to safeguard federal funds under its Spending Power without requiring a direct connection between the criminal conduct and the federal funds at issue

Congress doesn’t need to show that the bribery in question directly affects federal funds, just the fact of receiving federal funds is subject to federal protection

Question 36

What is the rule from Dole? (highway drinking age)

Answer 36

Congress can use its Spending power to incentivize State action, but the condition attached to federal funds must be clear, related to federal interest and not overly coercive

SC upheld a federal law that withheld a portion of federal highway funds from States that did not raise their legal drinking age to 21

Question 37

What is the 13th Amendment?

Answer 37

Prohibits Slavery and involuntary servitude.
Section 2 provides that Congress shall have the power to enforce this article

Question 38

What is the 14th Amendment?

Answer 38

Citizenship Clause
Nor shall any State deprive any person of life, liberty, or property without due process of law or equal protection of the law

Congress shall have the power to enforce this article

Question 39

What is the 15th Amendment?

Answer 39

The right of citizens of the US to vote shall not be denied or abridged account of race, color, or previous conditions of servitude

Congress shall have the power to enforce this article

Question 40

What is the Rule in City of Boerne v. Flores? (14th Amendment)

Answer 40

To determine whether Congress has exceeded its authority in enforcing a constitutional right, the Court established a “Congruence and Proportionality” test

• The legislative remedy be:
  1. Congruent (appropriately aligned with the Constitutional violation)
  2. Proportional (not excessive)
  to the constitutional violations being addressed

Congress does not have the power to independently interpret the meaning of the 14th Amendment and then enact laws to enforce its meaning of the Constitution

Question 41

What is the rule from Shelby County v. Holder? (15th Amendment)

Answer 41

Section 4(b) or Voting Rights Act was unconstitutional because it violated equal sovereignty among the States

Congress must update the formula to reflect current conditions if it wants to impose federal oversight on State Voting Law changed