Legislative Power

Question 1

What can Congress regulate under the interstate commerce clause?

Answer 1

1. Channels of interstate commerce
2. Instrumentalities of interstate commerce
3. Intrastate activities with aggregate substantial effect on interstate commerce

Question 2

What is required for Congress to regulate non-economic, non-commercial intrastate activity?

Answer 2

Congress must actually prove a substantial effect on interstate commerce

Question 3

What is required for Congress to exercise its taxing power?

Answer 3

The tax must be rationally related to raising revenue

Question 4

What is within the scope of Congress’ disciplinary / adjudicatory powers under the War and Defense Powers?

Answer 4

1. Military discipline of US military personnel

2. Military trial of enemy combatants and civilians

Question 5

What are the Civil War amendments?

Answer 5

1. 13A - Congress can legislate against racial discrimination
2. 14A - remedy violations of individual rights
3. 15A - no racial discrimination in voting

Question 6

What is required for legislation under 14A to be properly remedial?

Answer 6

1. Congruence and proportionality

2. Must be reasonable closeness b/w remedial law and constitutional right

Question 7

When is Congress not permitted to pass legislation under the 14A?

Answer 7

When the legislation redefines Constitutional rights as interpreted by the courts such as RFRA