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 effect 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. Regarding the extent of this power,
Congress’s war power is pervasive during times of war.
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.
Congress power to delegate is subject to
the “intelligible standards” test.
A legislative veto seeks to overturn executive action without __________.
Bicameralism or presentment.
Congress’s property power includes the power to _________ and the power to __________.
Dispose of property; acquire property through eminent domain
Under its citizenship power, Congress can __________.
Choose to deny entry to aliens based on their political beliefs
Congress may not deny enemy combatants habeas corpus review in Article III courts absent a meaningful substitute review pursuant to
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.
