Legislative Power

Question 1

When do you look at aggregate affects for commerce clause?

Answer 1

For intrastate activity that is COMMERCIAL/ECONOMIC. If it is non-commercial/economic it will fail.

Question 2

What kind of hearing are enemy civilians/soldiers required to have?

Answer 2

Can be tried in military court or have a meaningful substitute for habeas corpus review.

Question 3

When do military courts have jx?

Answer 3

for ALL OFFENSES made by CURRENT MEMBERS of armed forces at time of offense AND charge.

Question 4

Federal police power

Answer 4

non-existent, only in DC, military bases, federal land, indian rez

Question 5

Exclusion of Aliens:

Answer 5

Can be refused entry for political beliefs BUT if they’re already in, they are entitled to NOTICE and HEARING to be deported

Question 6

Congress’ naturalization power:

Answer 6

exclusive power over naturalization/denaturalization.

Question 7

Delegation of legislative power:

Answer 7

can be delegated to executive or judicial branch as long as INTELLIGIBLE STANDARDS are set and it is not a ‘unique’ power of congress like to declare war/impeach

Question 8

Speech and Debate clause

Answer 8

Legislators are immune for what is said during regular course of federal legislative process and motivation behind the conduct.