Legislative Review Flashcards

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1
Q

Under its constitutional investigatory power, Congress may __________.

A

Subpoena a witness to compel his presence at investigatory hearings

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2
Q

Article I, Section 8 of the United States Constitution gives Congress the power to tax. Congress may use its taxing power for the purpose of:

A

Raising revenue and/or furthering a goal within Congress’s enumerated powers

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3
Q

Regarding review of military tribunals by Article III courts,

A

The Article III court can review the jurisdiction of the military courts and the validity of the particular court’s creation

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4
Q

Regarding the uniformity of federal taxes on states,

A

Federal taxes must be uniform among the states.

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5
Q

Under its spending power, Congress may spend __________.

A

To achieve any public purpose that does not violate the Constitution.

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6
Q

Under current law, when will Congress’s regulation of noncommercial, noneconomic intrastate activities be upheld?

A

Only if Congress can factually show a substantial economic impact on interstate commerce

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7
Q

Article I, Section 8 of the Constitution gives Congress the power to declare war and raise and regulate an army and navy. What happens to their economic power regarding war?

A

Its generally been upheld that congress’s economic actions during and after a time of war will be valid under their war power.

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8
Q

The Speech and Debate clause does not extend to

A

the taking of bribes.

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9
Q

Under the “substantial economic effect” test, may Congress regulate local economic or commercial local activities?

A

Yes, if the court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce

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10
Q

A legislative veto is NOT permitted if related to

A

immigration or naturalization matters

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11
Q

A legislative veto usually arises when Congress delegates discretionary power to the President or an executive agency but attempts to

A

maintain control over the power by providing that the executive decision can be overturned by certain members of Congress.

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12
Q

Congress’s property power includes the power to legislate for

A

the general welfare regarding federal property and territories.

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13
Q

Under its taxing power, Congress may tax __________.

A

Simply for the purpose of raising revenue.

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14
Q

When may Congress deny an enemy combatant habeas corpus review in an Article III court?

A

If there has been a meaningful substitute review

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15
Q

Is Congress’s power to investigate is limited to areas directly related to contemplated legislation?

A

No.

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16
Q

Congress power to delegate is subject to

A

the “intelligible standards” test.

17
Q

A legislative veto seeks to overturn executive action without __________.

A

Bicameralism or presentment.

18
Q

Congress’s property power includes the power to _________ and the power to __________.

A

Dispose of property; acquire property through eminent domain

19
Q

Under its citizenship power, Congress can __________.

A

Choose to deny entry to aliens based on their political beliefs

20
Q

Congress may not deny enemy combatants habeas corpus review in Article III courts absent a meaningful substitute review pursuant to

A

Article I, Section 8, Clause 14, which gives Congress the power to make rules for government and regulation of armed forces, when buttressed by the Necessary and Proper Clause.

21
Q

Necessary and proper

A

congress may do what is necessary and proper to pursue it’s enumerated powers, but it must be joined with something else. Cannot be reason alone for congresses action

22
Q

War powers

A

economic regulation during wasr, to declare war, raise and support armies, military courts,