Federal Powers Flashcards
Federal Police Power
No federal police power. Only power to regulate MILD
Military
Indian Land
Lands govt owns
DC
Necessary and Proper Clause (Congressional Power)
Grants Congress the power to make all laws necessary and proper for carrying into execution any power granted to any branch of the fed govt. Need more than just this. No N&P clause acting on its own. Congress cannot delegate executive functions to itself.
Interstate Commerce (Congressional Power)
Congress has exclusive power to regulate foreign and interstate commerce. The fed govt may only regulate:
- Interstate commerce itself;
- The channels and instrumentalities of interstate commerce;
- Intrastate commercial or economic activities that have a cumulative substantial effect on interstate commerce (Raich); or
- Non-commercial or non-economic intrastate activities, provided that Congress made findings that demonstrate the activity has a substantial economic effect on interstate commerce (Lopez and Morrison)
Spending Power (Congressional Power)
Congress may spend to provide for the common defense and general welfare. This spending may be for any public purpose. Congress can use its spending power to regulate areas, even where it otherwise has no power to regulate the area, by requiring entities that accept govt money to act in a certain manner.
Taxing Power (Congressional Power)
Congress has the power to lay and collect taxes, but they must be uniform throughout the US. Taxes are generally valid. 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.
(Substantial Nexus Test)
War Powers (Congressional Power)
Congress has the power to declare war, and raise and support armies.
Naturalization and Bankruptcy (Congressional Powers)
Congress has exclusive power to exclude aliens and the processes of naturalization and denaturalization. Additionally, Congress solely has responsibility over laws regarding bankruptcy.
Federal Judicial Power-Review What types of Cases?
a. Arising under the Constitution or the laws of the United States;
b. Admiralty;
c. Between two or more states;
d. Between citizens of different states; and
e. Between a state or its citizens and a foreign country or foreign citizen.
Federal Judicial Power-Independent and Adequate State Grounds Exception
The Supreme Court will not review a case where there are independent and adequate state law grounds for the state court’s decision, even if there is a federal question involved.
Executive Branch Powers
Execution of Laws made by congress
Supervise Executive Branch/Executive Orders
Treaties
Appointments-Ambassadors, top level officials
Foreign Affairs
Pardon Federal Offenses
Veto Bills-no line Item veto
Executive Privilege is qualified: weigh gov’t interest
Executive Orders
Orders issued by the President managing the affairs of the executive branch in the management of executing the laws enacted by Congress. Executive orders are valid unless they are inconsistent with a congressional statute or some specific provision of the Constitution itself.
Treaty Power (Executive Power)
Make treaties with foreign nations, subject to two-thirds Senate approval.
Foreign Affairs (Executive Power)
Speak for the United States in foreign policy and negotiate executive agreements with foreign countries.
Executive Privilege (Executive Power)
Under executive privilege, the president has a qualified right to refuse to disclose confidential information relating to his performance of his duties. It is qualified to the extent that other compelling governmental interests may outweigh the president’s right to refuse to disclose information.
