Federal Legislative Powers Flashcards
Can a U.S. senator be held liable for defamation arising out of a speech made on the senate floor in debate over a bill?
Speech or Debate Clause — members of Congress have criminal and civil immunity for “legislative acts”
What authority does Congress have under the Necessary & Proper Clause?
Necessary & Proper Clause — enables Congress to take any action not constitutionally prohibited to carry out its express powers.
This authority constitutes Congress’s implied powers.
Not an independent source of power — the Necessary and Proper Clause must be used in conjunction with another fed power.
Under the Speech or Debate Clause, does “legislative acts” apply to items other than speech itself?
Speech or Debate Clause — members of Congress have criminal and civil immunity for “legislative acts”
Applies to activities and documents essential to legislative duties.
Is Congress constitutionally tasked with executing the laws it passes?
Executive branch is obligated to execute laws passed by Congress.
Why must you be cautious of MBE answer choices involving the Necessary & Proper Clause?
The Necessary and Proper Clause is usually an incorrect answer choice to MBE questions regarding Congress’s power to act b/c the clause is not a source of congressional power on its own.
What is the extent of Congress’s taxing and spending power?
Congress may tax and spend in any way deemed necessary for the “general welfare” (a very broad power).
When can congress issue a tax to achieve a regulatory effect?
Congress can tax to achieve a regulatory effect if:
1) The tax’s dominant intent is to raise revenue; and
2) There is some reasonable relationship between the tax and the regulation (low burden to satisfy).
In what situations does congress have police power?
Congress has no general police power, except for legislation concerning:
1) Military
2) Indian reservations
3) Land — i.e., fed. land or territories
4) District of Columbia
To what extent may Congress regulate interstate commerce?
Congress may regulate channels, instrumentalities, or economic activities that have a substantial effect on interstate commerce.
Includes persons and things in interstate commerce.
Note — broad power; beware of answers suggesting Congress has acted beyond its commerce power concerning interstate activity.
Can Congress regulate non-economic activities within states?
Congress may only regulate non-economic activity if it has a direct, substantial economic effect on interstate commerce (tougher burden to satisfy)
To what extent can congress regulate economic activities within states?
Congress may regulate commercial or economic activities if there is a rational basis to conclude that the activity, in aggregate, substantially affects interstate commerce.
What limitations, if any, does the 10th Amend. place on Congress’s legislative powers?
Under the 10th Amendment, all powers not granted to the fed. govt., nor prohibited to the states, are reserved to the states.
Limits Congress’s ability to regulate and/or tax states alone—anti-commandeering principle
E.g., Congress cannot commandeer states by requiring them to enact laws or administer fed. law
How can Congress use conditional grants? Are there any requirements or limitations?
Conditional grants — Congress can induce (but not compel) state regulatory or legislative action through the use of conditional grants.
E.g., fed. highway funds conditioned on states maintaining a minimum drinking age of 21.
Requirements:
Condition must be expressly stated;
Condition must relate to the purpose of the law at issue; and
Condition cannot be unduly coercive
Concerned about fuel efficiency and the environment, Congress enacts a statute requiring state legislatures to pass laws mandating all trucks traveling through the state and transporting goods in interstate commerce achieve 30 miles per gallon in fuel efficiency. Is the federal statute constitutional?
Congress cannot commandeer states by requiring them to enact laws or administer fed. law.
Are there limits on Congress’s ability to delegate power? If so, what limitations exist?
Congress has broad authority to delegate legislative powers to executive officers and administrative agencies.
Limitations on delegation:
Congress must provide intelligible standards to define the scope of legislative authority it delegates.
Congress may not delegate executive or judicial powers to itself or its officers (e.g., Congress cannot create commissions that enforce or prosecute violations of law)
