Legislative powers

Question 1

Necessary and Proper

Answer 1

Enables congress to make all laws appropriate (under rational basis review) to further any power that the constitution grants to any federal branch of the government.
BUT since it is supplementary must be combined with another power

Question 2

commerce clause

Answer 2

Activities that are generally econ. or commercial AND

1) channels of interstate commerce
2) persons and instrumentalities in interstate commerce
3) activities that have a substantial effect on interstate commerce (mostly econ. or commercial local activities)

NOTE: cannot compel people to enter into the marketplace and engage unwillingly in interstate commerce (ACA), must be an existing action, not a future one

Question 3

taxing power

Answer 3

federal tax is valid if the tax is a reasonable means to produce revenue or if congress has the power to regulate the taxed authority (note: might not be called a tax)

Question 4

spending power

Answer 4

Federal spending program may serve any legitimate public purpose and conditional “grants-in-aid” may indirectly regulate those activities that congress may not directly regulate otherwise under its enumerated powers, provided that the financial inducement is not unduly coercive

Unduly coercive = terminate other grants as a mean of making the states accept a spending clause program like the ACA’s expansion of medicaid

Question 5

14th and 15th civil rights enforcement

Answer 5

1) section 5
2) remedial legislation only
3) remedies must be proportional to the scope of the constitutional violations

Question 6

10th amend

Answer 6

1) limits congressional power
2) congress cannot compel state or local legislatures to pass laws that serve federal regulatory purposes
3) congress cannot commandeer state or local executive or administrative officers to regulate citizens according to federal requirements
3) Congress cannot subject the public sector alone to taxes or regulations that do not apply evenhandedly to similar activities in the private sector
EXCEPTIONS:
a) regulatory conditions attached to a grant of $ to state and local govt
b) appropriate remedial legislation under 14th amend s5 (s5 trumps 10th amend)

Question 7

11th amend

Answer 7

State governments cannot be sued by a private plaintiff in federal court or in fed admin agencies
Exceptions:
1) express and unequivocal consent by state
2) suit for future injunctive relief against state officers acting in their official capacity
3) suit for damages against state officers in personal capacity (follow the $$, personal account then ok)
4) suit against the state under a federal statute enacted under s5 of the 14th amend

Question 8

legislative veto

Answer 8

1) congress may not give itself a veto power to overturn executive or admin agency action
2) need bicameralism and presentment

Question 9

line-item veto

Answer 9

congress may not give president power to veto only some parts of a bill instead of vetoing the entire thing or passing the entire thing