Legislative Powers

Question 1

Necessary and Proper

Answer 1

Enables Congress to make all law appropriate to futher any power that the Constitution has granted to any branch of government.

Question 2

Commerce Power

Answer 2

Congress may regulate: Channels (routes) of interstate commerce, Person and Instrumentalities; OR activities having a substantial effect on interstate commerce

Question 3

Regulating Intrastate Commerce through Third Prong of Commerce Power

Answer 3

Court will uphold if activity is ECONOMIC OR COMMERCIAL; Court can concieve of a rational basis on which Congress could conclude that activity in aggregate substantially affects interstate commerce.

Question 4

Taxing Power

Answer 4

Federal tax is valid if the tax is a REASONABLE means to PRODUCE REVENUE or if Congress has the power to regulate the taxed activity.

Tax may not be a punishment

Question 5

Civil Rights Enforcements Powers 14th and 15th Amendments

Answer 5

Congress can pass legislation to curb discriminatory hiring practes by state/local government, but has to make sure law is NARROWLY TAILORED (ELEMENTS)

Congress may pass remedial legislation only; and remedies must be proportional to scope of the constitutional violation.

Question 6

10 Amendment Limits on Congressional Powers

Answer 6

Congress cannot compel state/local legislatures to pass laws that serve federal regulatory purposes.

Congress cannot commandeer state/local executive/administrative officers to regulate their citizens according to federal requirements.

Congress cannot subject the public sector alone to taxes or regulations that do not apply evenhandedly to similar activities in the private sector.

EXCEPTIONS: federal regulatory conditions attached to a grant of money to state/local governments OR appropriate remedial legislation under 14th Section 5.

Question 7

11th Amendment

Answer 7

State government cannot be sued by private plaintiff in federal court/administrative agencies

Exceptions:

Express and unequivocal consent to be sued given by state.

Suit for future injunctive relief against state officers acting in their official capacity.

Suit for damages against state officers acting in their personal capacity.

Suit against state under a federal statute enacted under 14th Sec. 5 Amendment.