Legislative Power (Module 3) Flashcards
Enumerated and Implied Legislative Powers
Can exercise powers enumerated in the Constitution as well as any powers necessary and proper to carry out those enumerated power
Necessary and Proper Clause (Legislative Power)
Congress can use the N/P clause in conjunction (never on its own) with its legislative power enumerated in Article I so long as the law doesn’t violate another provision of the Constitution
Congress “Spending Power”
The spending power may be used to provide for the general welfare
Congress can impose conditions on the grant of $ to state/local govs so long as the conditions are:
1) clearly stated
2) rationally related to the purpose of the program
3) not unduly coercive
4) doesn’t violate any other part of the Constitution
Congress “Taxing Power”
Taxes will be upheld if they either 1) rxbly relate to revenue production or 2) promote the general welfare
Note: a tax will be an impermissible “penalty” if it seeks to “compel” behavior
Congress “Commerce Power”
Congress has the power to regulate interstate AND foreign commerce
Law regulating commerce can:
1) Regulate channels (highways, waterways, the internet)
2) Regulate instrumentalities (planes, trains, cars)
3) Regulate activities that have a “substantial effect” on interstate commerce
“Substantial Effect” Prong - Aggregation
1) AGGREGATION
Congress can regulate local, commercial activity if it can conclude, on a rational basis, that in the aggregate has substantial effect
Note: it must be commercial/economic activity that is being aggregated
2) 10TH AMEND LIMITATION
3) ACTIVITY v. INACTIVITY
Congress can only regulate existing commercial activity, it cannot compel activity with regulation
4) PROHIBIT PRIVATE DISCRIMINATION
Is allowed to do so if in aggregate will have substantial effect
“Substantial Effect” Prong - 10th Amend Limitation
1) AGGREGATION
2) 10TH AMEND LIMITATION
Congress cannot regulate noneconomic intrastate activity in areas traditionally regulated by local/state gov
3) ACTIVITY v. INACTIVITY
4) PROHIBIT PRIVATE DISCRIMINATION
“Substantial Effect” Prong - Activity v. Inactivity
1) AGGREGATION
2) 10TH AMEND LIMITATION
3) ACTIVITY v. INACTIVITY
Congress can only regulate existing commercial activity, it cannot compel activity with regulation
4) PROHIBIT PRIVATE DISCRIM
“Substantial Effect” Prong - Prohibit Private Discrimination
1) AGGREGATION
2) 10TH AMEND LIMITATION
3) ACTIVITY v. INACTIVITY
4) PROHIBIT PRIVATE DISCRIMINATION
Is allowed to do so if in aggregate will have substantial effect
Congress “War” Power
Congress can declare war, raise and support armies, and provide for and maintain a navy
Congress “Investigatory” Power
Has broad implied power to investigate to secure info for potential legislation or other official action
Congress “Property” Power
Can dispose of and make rules for territories and other properties of the United States; federal takings of private property must be pursuant to an enumerated power of another part of the Constitution
Congress “Citizenship” Power
Congress can establish uniform rules for naturalization and has plenary power over aliens
Can refuse entry to any aliens, however resident aliens must be given notice and a hearing before being deported
Delegation of Legislative Power
Congress can delegate rulemaking or reulatory power to the exec branch or judicial branch so long as there are “intelligible standards” and the power isn’t something that is uniquely reserved for Congress (like power to make war)
Major Questions Doctrine (Delegation of Leg Power)
If an agency adopts regulations that have extraordinary economic and political effect, they must be able to point to a clear congressional authorization of such power or they will be struck down
