Legislative & Executive Power Flashcards
What is Commerce Power?
power to regulate channels, instrumentalities, any activity that substantial affects interstate commrece
What is creates a substantial affect on interstate commerce?
aggreggation: even if no direct economic impact on interstate commerce congress can still regulate as long as therre is rational basis for concluding that the total incidence of activty affect commerce
selling weed in your back yard
Tax Power
upheld if there is a reasonable relationship to revenue production
plenary power to impose taxes and raise revenue
spending power
congress has the power to spend for the general welfare
What are congress war and defense powers?
declare ware, raise and support armies, provided maintain a navy
What is anti commandeering?
prohibits congress from forcing the state to adopt or enforce regulatory programs under the 10th amendment
EX: congress requiring state health officials to do something
What is the scope of congress power to enforce regulatory programs?
congress can bribe states through use of spending or
adopt its own regulatory program and enforce through federal officers
Can congress legislate against public or private institutions?
yes if racial discrimination
What are powers of president
pardon for federal offenses
veto power
appointment and removal of officials
commander in chief over foreign affairs
exclusive power negotiate treaties (approved by senate)
executive agreement without senate approval
What are congress powers to limit the president?
impeach
appropriation ( mandates exenditres of funds)
Can congress impose a legislative veto for an executive action?
no, its unconstitutional
What powers may congress delegate?
incidental power only (like rule making)
How should congress delegate their power?
need clear statement about policy, agency to carry it out, and scope of their authority
What type of immunity does a judge have?
absolute immunity for ciivl liability for damages from judicial acts
What immunity does the legislature have
no criminal or civil liability for statement made during legislative process
What privilege does the executive have?
executive privilege w/ respect to disclosure of confidential information and immunity for acts under their official responsibilities
What does Militia Clause permit?
Congress has power to authorize president to call national guard into action without approval or state government
This allows execution of federal laws, suppress insurrections or repeal invasions
Can congress impose tarrifs on imported goods?
yes from the commerce clause becuase they have plenary authority to regulate foreign commerce
What is scope of congress tax and spend power?
congress has broad power to tax and spend for general welfare but they can never impose taxes on exported goods or services
EX: Congress attempted to tax exported military goods
Can congress expand the 14th Amendment equal protection power?
can enforce these rights but can not expand or limit them
EX: congress creates a statute that protects religious minorities but religious minorities aren’t protected class
What does the 13th amendment give congress the power to do?
adopt legislation that rationally related to eliminate badges or incidents of slavery.
regulate both private and gov. action
Can congress use their commerce power to make individuals engage in commerce?
no
What is the scope of international taxation?
Congress, the state can not impose international tax
EX: florida imposes international tax on the sale
What is direct taxing power?
taxes on persons or property, payment can’t be avoided
allowed if apportioned among states and reasonable related to revenue production
