Legislative Power Flashcards
1
Q
Enumerated and Implied Powers
A
- Congress can exercise the powers enumerated in Constitution (Article I, Section 8) plus any powers necessary and proper to carry out any of its enumerated powers
- Congress has no general police power over nation, though it does have similar powers over DC, fed lands, military bases + reservations
2
Q
Necessary and Proper Clause
A
- Congress has power to make all laws necessary and proper (appropriate or rational) to carry out any of its legislative powers enumerated in Article I as long as that law doesn’t violate another provision of the Constitution
3
Q
Tax + Spending Power
A
- Congress has power to tax + spend to provide for general welfare
- may be for any public purpose not prohibited by the Constitution
4
Q
Spending Power Conditions
A
- Congress can impose conditions on grant of money to state or local govs
Conditions valid if:
1) clearly stated
2) relate to the purpose of the program
3) not unduly coercive AND
4) don’t otherwise violate the Constitution
5
Q
Validity of Taxes
A
- most upheld if bear some reasonable relationship to revenue production or promoting the general welfare
- book notes generally valid
- rare - tax may be regarded as impermissible penalty (although what Congress labels as a penalty can also be upheld as a permissible tax if it functions as a tax in raising revenue or influencing but not compelling behavior)
-> ex: health insurance individual mandate was upheld as a tax (payable along w/ income taxes, varied by income + taxpayer status, estimated to bring $4 billion into fed coffers
6
Q
Commerce Power
A
- Congress has power to regulate all foreign + interstate commerce, as well as commerce w/ tribes
Fed law regulating interstate commerce must either:
- regulate the channels of interstate commerce
- regulate the instrumentalities of interstate commerce, or persons and things in interstate commerce
- regulate activities that have a substantial effect on interstate commerce
7
Q
Commerce Clause - Intrastate Activity
A
- regs on intrastate commercial activity -> SCOTUS will uphold if can think of rational basis on which Congress could conclude that the activity in the aggregate substantially affects interstate commerce
-> rule applies only when the activity is economic or commercial in nature
8
Q
Commerce Clause - Tenth Amendment
A
- SCOTUS has interpreted 10th Am to preclude Congress from regulating noneconomic intrastate activity in areas traditionally regulated by state or local govs
9
Q
Commerce Clause - Activity vs Inactivity
A
- Commerce Clause gives Congress power only to regulate existing commercial activity
- does not give Congress power to compel activity
10
Q
Commerce Clause - Private Discrimination
A
- Congress may prohibit private discrimination in activities that might have a substantial effect on interstate commerce
-> note that Congress can address public discrimination (i.e. discrimination through state action) directly through its 14th Am powers
11
Q
War and Related Powers
A
- Constitution gives Congress power to declare war, raise and support armies, + provide for and maintain a navy
- economic reg during war + postwar period to remedy wartime disruptions has been upheld
12
Q
Military Courts and Tribunals
A
- Congress can make rules for gov + reg of armed forces
- SCOTUS has ability to review some, but not all, decisions from court-martial proceedings
- enemy civilians + soldiers may be tried by military courts BUT can’t deny habeas to all those detained as enemy combatants absent meaningful substitute
- military courts have jur over all offenses committed by members of the armed services both at t of offense + when charged
- civilians may be tried under martial law only if actual warfare forces fed courts to shut down
13
Q
Investigatory Power
A
- Congress has a broad implied power to investigate to secure info for potential legislation + other official actions
- must be expressly or impliedly authorized by the appropriate congressional house
14
Q
Congressional Subpoena of Presidential Info
A
- Congress can subpoena President’s personal info under investigatory power
- must advance a legitimate legislative purpose, but court will balance Cong interests in obtaining the info against burdens on President
15
Q
Property Power
A
- Congress can dispose of + make rules for territories + other properties of the US
- fed takings of private property must be pursuant to an enumerated power under some other provision of the Constitution
16
Q
Postal Power
A
- Congress has an exclusive postal power
-> Congress can classify and place reasonable restrictions on use of the mails but can’t deprive any citizen or group of citizens of the general mail privilege
17
Q
Power Over Citizenship
A
- Congress may establish uniform rules of naturalization
-> plenary power over non-citizens
18
Q
Exclusion of Non-Citizens
A
- non-citizens have no right to enter US + can be refused entry b/c of their political beliefs
- however, resident aliens must get notice and a hearing before they can be deported
19
Q
Naturalization and Denaturalization
A
- Congress has exclusive power over naturalization + denaturalization
- Congress can’t take away citizenship of any citizen (native-born or naturalized) without their consent
20
Q
Admiralty Power
A
- plenary + exclusive, unless Congress leaves maritime matter to state jurisdiction
21
Q
Patents and Copyrights
A
- Congress has the power to control the issuance of patents and copyrights
22
Q
Delegation of Legislative Power
A
- Congress can delegate rulemaking or reg power to exec branch or judicial branch as long as:
-> intelligible standards are set AND
-> the power isn’t something that is uniquely confined to Congress
23
Q
Major Questions
A
- when an agency adopts regs that have extraordinary econ + political significance, it must be able to point to clear congressional authorization for the exercise of such power
24
Q
Bicameralism and Presentment
A
- to pass a law, Congress must use bicameralism (passage of a bill by both houses) followed by presentment to President for signature or veto
- attempts by Congress to create laws or control enforcement of laws w/o these steps are invalid
25
Q
Line Item Vetoes
A
- not allowed
- Congress can’t give Pres power to cancel parts of a bill while approving others (would be unconstitutional delegation of leg powers) -> Pres can only approve or reject as whole
26
Q
Legislative Vetoes
A
- also not allowed
- Cong can’t give self authority to amend or repeal an existing law w/o undergoing bicameralism +
presentment
27
Q
Speech or Debate Clause
A
- IMMUNITY FOR FEDERAL LEGISLATORS
- conduct that occurs in the regular course of the federal legislative process + the motivation behind that conduct are immune from prosecution
- note that this doesn’t cover bribes, speeches outside Congress, or the republication in a press release or newsletter of a defamatory statement originally made in Congress
