Legislative Power

Question 1

Tax/Spending Power

Answer 1

Congress has the power to tax and spend for the general welfare. Congress may use the power to increase revenue for all that is necessary and proper under the necessary and proper clause. No direct legislation of power not within Cons

Question 2

Commerce Power

Answer 2

Congress has the power to regulate all foreign and interstate commerce.

Question 3

Interstate Commerce

Answer 3

Congress may regulate IC such as:

1. The channels of interstate commerce
2. The instrumentalities, persons, and things of IC
3. Any action that has a substantial effect on IC

Question 4

IC–Substantial Effect

Answer 4

Congress can regulate intrastate activity that has a substantial effect if

1. the activity is ECONOMIC or COMMERCIAL AND
2. the court can conceive of a rational basis on which Congress could conclude that the activity, in the AGGREGATE, substantially affects interstate commerce

Rule: Congress cannot regulate intrastate activity that is non-commercial and non-economic–no aggregation allowed unless CONGRESS shows:
A Direct substantial economic effect–usually cannot

Question 5

Other Congressional Powers

Answer 5

1. Power to declare war
2. Raise and support armies
3. Provide and maintain NAVY
4. Economic regulation during the war
5. Rules for the government
6. Regulation of armed forces (establish military courts)
7. Postal power, bankruptcy–states may regulate too
8. Admiralty (exclusive)
9. Coin money/patents

Question 6

Property Power

Answer 6

Rule: C has the power to dispose of and make rules for territories and other properties of the US.
No limit on disposing of property
Limit on eminent domain takings–must be for the purpose of effectuating an enumerated power under some other provision of the constitution (IC)

Question 7

Aliens

Answer 7

Congress has plenary power (exclusive) over aliens under their right to establish uniform rules relating to NATURALIZATION

Rule: Aliens have no right to enter and US can refuse to allow them to enter even if based on political beliefs.

Due Process: RESIDENT aliens are entitled to notice and hearing before deportation.

Question 8

Delegation of Legislative Power

Answer 8

Congress may delegate any of its power to the courts or the executive branch so long as there are intelligible standards set forth and not an exclusive/unique power to Congress

Properly delegate power?
Regulation within power delegated?

Ex. Declare war/impeachment