Legislative Powers

Question 1

Youngstown spectrum

Answer 1

• express auth
• implied auth/silence/implied denial
• express denial

Question 2

category 1: express authorization

Answer 2

pres has max power - his own plus what Congress delegated to him

can the fed govt take this action at all? can they take this action the way they have?

Question 3

category 2: implied/silence

Answer 3

twilight zone - must rely on own powers b/c acting in absence of congressional grant/denial of authority

Question 4

category 3: express denial

Answer 4

lowest level of pres power - actions incompatible with the express will of Congress. relying on own powers minus any of Congress’ constitutional powers over the matter

question: which branch is authorized to do this power, the leg or the exec? (SOP question)

Question 5

3 main principles in art 1, sec 1:

Answer 5

1. congress is granted only certain leg powers –> enumerated mostly in sec 8
2. these powers are vested in Congress specifically (gives rise to question of whether Congress can delegate)
3. introduces bicameral legislature

Question 6

delegation

Answer 6

general rule is nondelegation principle, unless there are strict standards (IP)

must determine:
- what authority was delegated? what did the statute authorize?
- was the delegation permissible under the C?

Question 7

intelligible principle

Answer 7

Congress must delineate a legal framework to constrain the authority of the delegee. may delegate no more than the authority to make policies and rules that implement their statutes

necessity of legislative guidance to an administrative agency

if Congress has not spoken in legislation directly to the precise question at issue, is the agency’s interpretation reasonable?

must determine whether the properly delegated authority is being exercised within the boundaries of the discretion Congress gave the delegee

Question 8

major questions doctrine

Answer 8

an admin agency may exercise powers having a significant impact on politics or economics only if there is a clear congressional delegation of such authority to the agency

serves an SOP purpose - agencies cannot overstep the power they’ve been given by a statute

arises where an admin agency claims to discover power in an old statute’s vague language –> agency then addresses a matter than Congress has declined to address

Question 9

chevron deference rule

Answer 9

an agency’s action is not reviewable by the courts if:
1) Congress was silent as to the specific issue, and
2) the agency’s interpretation of the statute is reasonable

Question 10

how to use the major questions doctrine

Answer 10

• there is a presumption that Congress intended to make major policy decisions itself or it would expressly delegate that power (stat constr doctrine)
• to overcome this presumption, agency must demonstrate it has clear congressional authorization for the power it now claims to have

Question 11

a legislative act requires

Answer 11

bicameralism and presentment

Question 12

bicameralism and presentment

Answer 12

for a bill to become a law, there must be action by both houses of Congress along with presentation to the president for either signature or veto. a veto may be overriden, but only by a 2/3 majority of both houses

Question 13

analysis of whether Congress’s action is a legislative act:

Answer 13

1. presumption that each branch of govt acts w/in its assigned sphere
2. presumption confirmed by determining whether action contains a matter which is legislative in character
3. how to determine?
4. if essentially legislative and does not meet any exceptions –> subject to B/P

Question 14

how to determine whether Congress’ action is a legislative act

Answer 14

• is the action essentially legislative?
• without this resolution, could Congress only have reached their desired outcome by passing a bill?
• does it meet any of the exceptions to these requirements?

Question 15

exceptions to legislative act requirements

Answer 15

• C’al authorization of unilateral power
• HOR power to initiate treatment
• Senate power to ratify treaties
• Senate power to approve/disapprove of presidential appointments

Question 16

essentially legislative

Answer 16

purpose and effect of resolution is to alter the legal rights, duties, and relations of persons outside of the leg branch

Question 17

filibuster

Answer 17

tactic used in Senate to delay/block a vote on a measure by preventing debate on it from ending

derives from Senate tradition of unlimited debate

cluster - procedure allowing 2/3 maj to end a filibuster (reduced to 3/5 - easier std)

Question 18

power of the purse

Answer 18

• Congress has sole spending/authorizations power
• some limitations - no bills of attainder (punishing individuals w/no trial)

Question 19

legislative investigations

Answer 19

issues usually only arise when Congress has compelled a witness (either for testimony or for production of documents) coupled with the threat of contempt

Congress has the power to compel individuals to appear/produce if it is for a legislative purpose/function

higher standard is info needed from the President

Question 20

legislative purpose

Answer 20

there must be legislation in view

Congress needs all relevant info in order to effectively consider and enact legislation

Question 21

subpoenaing the president

Answer 21

higher standard

need
1) must be for legislative purpose
2) meets special consideration

do not want to violate SOP principles

Question 22

special consideration

Answer 22

• equivalent or like info cannot be found elsewhere
• subpoena/request is no broader than necessary
• stated leg purpose contains sufficient detail and substance to determine that the purpose is valid
• request does not impose an inappropriate burden on the president