Legislative Power Flashcards
Enumerated Powers
Congress can exercise its power enumerated in Article I, Section 8
Police Power
Congress has no general police power, except for D.C., federal lands, military bases, and Indian reservations
-The power to legislate the health, safety, and welfare of the nation
The Necessary and Proper Clause
Congress has the power to make all laws necessary and proper to carry out any of its enumerated powers so long as that law doesn’t violate the Constitution
-Low threshold
-Must work in conjunction with another federal power
Taxing and Spending Power
Congress has the power to tax and spend to provide for the general welfare
-For any purpose not prohibited by the Constitution
-Workaround to no federal police power as long as its tied to a tax or spending regulation
-Federal taxes will be upheld as long as they bear reasonable relationship to revenue production or to promote the general welfare
Spending conditions (strings attached to congressional grant to state/local gov) are valid when the conditions are:
1. Clearly stated
2. Related to the purpose of the program
3. Not unduly coercive; and
4. Not in violation of the Constitution
Commerce Power
Congressional power to regulate all foreign and interstate commerce:
1.Regulate the channels of commerce (i.e., highways or internet)
2.Regulate the instrumentalities (i.e. cars or planes)
3.**Regulate activities that have a substantial effect on interstate commerce
>Includes power to prohibit private discrimination (i.e. widespread hotel discrimination)
Third prong application:
-Regulation of local commercial activity will be upheld if rational basis for Congress concluding the activity in the aggregate substantially affects interstate commerce
-Tenth Amendment precludes Congress from regulating non-economic local activity
War and Related Powers
Congress has power to declare war, raise and support armies, and provide for and maintain a navy. This power includes:
-Economic regulation during war and postwar
-Military tribunals
Investigatory Power
Congress has broad implied power to investigate to secure information for potential legislation or other official act such as impeachment
-Includes power to subpoena the President’s personal information to advance legitimate legislative purpose
Property Power
Congress can dispose of and make rules for territories and other properties of the United States (i.e. prohibit hunting on federal lands)
Postal Power
Congress can classify and place reasonable restrictions on use of mail without denying any citizen the general mail “privilege”
Power Over Citizenship
Congress has plenary (absolute) power over aliens (foreign-born, not naturalized person living in U.S.)
-Resident aliens must be given notice and a hearing before deportation
Power to Coin Money
Congress has the power to coin money and fix standards for weights and measures (i.e., adopt a tax to regulate banknotes rather than to raise revenue)
Delegation of Legislative Power
Congress can delegate rule making or regulatory power to the executive branch (i.e., administrative agencies) or judicial branch as long as:
-Intelligible standards are set; and
-The power is uniquely confined to Congress
“Major Questions” Doctrine
When an agency claims to be exercising broad power to adopt regulations that have extraordinary economic and political significance, the Court looks at:
-whether the agency has historically asserted such power; and
-whether there is a clear congressional authorization for the claimed power
Line item Veto (unconstitutional delegation)
The President can only approve or reject a bill as a whole
