Legislative Powers

Question 1

Introduction - Congress

Answer 1

First issue: whether Congress has POWER to regulate subject matter
* Fed gov is one of limited powers; can only exercise powers granted by the Constitution
* Constitution grants certain powers to Congress, and Congress can make laws that are necessary and proper to execute powers

Question 2

Commerce Clause

Answer 2

Grants Congress power to regulate interstate commerce, which includes power to regulate:
* Channels of interstate commerce (roads, rails, airports)
* Instrumentalities of interstate commerce (trucks, trains, airplanes)
* Commercial activities that have substantial economic effect on interstate commerce

Question 3

Dormant Commerce Clause

Answer 3

States can still regulate local aspects of interstate commerce as long as it’s not preempted by federal laws.

Discrimination: State laws cannot discriminate against interstate commerce (violates negative implications of dormant commerce clause) UNLESS:
* State proves laws are necessary to achieve important state interest
* Includes laws to protect local businesses against interstate competition, requiring local operations, limiting access to state products
* Market Participant Exception: State acts as market participant
* Traditional Public Function Exception: State is performing traditional public function

Burden: State laws that don’t discriminate still will NOT be upheld IF:
* Laws unduly burden interstate commerce
* Courts balance legitimate state interest against burden on interstate commerce
* Looks at whether there are less restrictive alternatives to accomplish state’s goals

Question 4

Spending Clause

Answer 4

Grants Congress the power to spend for the general welfare

Conditions: Congress can condition its grants to states as long as:
* Condition is clearly stated
* It relates to purpose of spending program
* It’s not unduly coercive

Question 5

Supremacy Clause

Answer 5

Under Supremacy Clause, federal law is supreme law of the land. Federal laws preempt state laws expressly or impliedly.

Implied Preemption:
(i) Conflict preemption: state law conflicts with federal law
* State law requires something forbidden by federal law, or vice versa

(ii) Object preemption: state law interferes with objective of federal law
* Prevents achievement of federal objective

(iii) Field preemption: Congress has preempted the field by adopting laws intended to occupy the entire field
* Exception: For fields traditionally within state’s power (health, safety, welfare), there is presumption that preemption not intended UNLESS preemption was clear and manifest purpose of Congress

Field preemption examples:
* Federal laws in the area are comprehensive;
* Congress has created agency to oversee field

Question 6

Delegation of Legislative Powers to Agencies

Answer 6

Congress can delegate power except those that are uniquely confined to Congress. Delegation of powers must include intelligible standards (general standard is sufficient)
* Delegations of extraordinarily broad authority requires clear congressional authorization (NOT modest, vague, subtle language)

Question 7

Tenth Amendment

Answer 7

Powers not delegated to US by Constitution, nor prohibited to states, are reserved to the states. 10th Amendment is restriction on Congress’ power to regulate states
* Used to prevent Congress from commandeering state officials
* For 10th Amendment to apply, regulation must single out states or commandeer state officials