Legislative Review Flashcards
Under its constitutional investigatory power, Congress may __________.
Subpoena a witness to compel his presence at investigatory hearings
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:
Raising revenue and/or furthering a goal within Congress’s enumerated powers
Regarding review of military tribunals by Article III courts,
The Article III court can review the jurisdiction of the military courts and the validity of the particular court’s creation
Regarding the uniformity of federal taxes on states,
Federal taxes must be uniform among the states.
Under its spending power, Congress may spend __________.
To achieve any public purpose that does not violate the Constitution.
Under current law, when will Congress’s regulation of noncommercial, noneconomic intrastate activities be upheld?
Only if Congress can factually show a substantial economic impact on interstate commerce
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?
Its generally been upheld that congress’s economic actions during and after a time of war will be valid under their war power.
The Speech and Debate clause does not extend to
the taking of bribes.
Under the “substantial economic effect” test, may Congress regulate local economic or commercial local activities?
Yes, if the court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce
A legislative veto is NOT permitted if related to
immigration or naturalization matters
A legislative veto usually arises when Congress delegates discretionary power to the President or an executive agency but attempts to
maintain control over the power by providing that the executive decision can be overturned by certain members of Congress.
Congress’s property power includes the power to legislate for
the general welfare regarding federal property and territories.
Under its taxing power, Congress may tax __________.
Simply for the purpose of raising revenue.
When may Congress deny an enemy combatant habeas corpus review in an Article III court?
If there has been a meaningful substitute review
Is Congress’s power to investigate is limited to areas directly related to contemplated legislation?
No.