Legislative Power (Article 1) Congress Powers Flashcards
Exclusive State Powers (10th Amendment)
a) Reserved Powers. The 10th Amendment provides that all powers not assigned by the Constitution to the federal government are reserved to the states, or to the people.
b) Federal regulation. The federal government has virtually unlimited power to regulate the states. Generally, Congress may regulate the states so long as it is exercising an enumerated power.
While Congress cannot command state legislatures to enact specific legislation or administer federal regulatory programs, it may encourage state action through the use of its taxing and spending powers.
Necessary & Proper Clause
a) Congress can exercise those powers enumerated in the Constitution plus all auxilary powers necessary and proper to carry out all powers vested in the federal government. Thus, Congress has the power to make all laws necessary and proper for executing any power granted to any branch of the federal government.
b) The Necessary and Proper Clause standing alone cannot support federal law – it must work in conjunction with another federal power.
Commerce Power
a) Congress has the power to regulate all foreign and interstate commerce. To be within Congress’s power under the Commerce Clause, a federal law regulating interstate commerce must either regulate the:
1) Channels of interstate commerce;
2) Instrumentalities of interstate commerce and persons and things in interstate commerce; OR
3) activities that have a substantial effect on interstate commerce.
The War and Defense Powers
Congress has the power to declare war and the power to maintain the army and navy and the power to provide for military discipline of US military personnel.
Congress can provide for military trial of enemy combatants and enemy civilians, but Congress cannot provide for military trial of US citizens who are civilians.
Congress has the power to tax if rationally related to raising revenue and the power to spend for the general welfare.
13th Amendment
Congress has the broad power to legislate against racial discrimination, whether public or private and the key is that the 13th can regulate private discrimination; “vestiges of slavery”
14th Amendment
The 14th amendment of the Constitution guarantees all citizens “equal protection under the law.”
15th Amendment
Congress has the power to ensure there is no racial discrimination in voting.
Appointments
Congress has the power to confirm or deny presidential appointments.
Legislative Vetoes
Legislative vetoes are unconsitutional. This situation arises when Congress passes a law in reserving to itself the right to disapprove future executive actions by simple resolution.
If Congress wants to override executive actions, it must change the law (so that the president has the opportunity to veto new legislation).
Congress cannot evade the president’s guaranteed veto opportunity by passing a law saying that in the future it plans to govern by resolution.
Speech or debate clause.
United States senators and representatives (not state legislators) are protected by the speech or debate clause which states that Senators and congressman and their aids cannot be prosecuted or punished in relation to their official acts.
