National Legislative power

Question 1

Governments of general powers

Answer 1

Are granted the police power, the authority to legislate for health, safety, and welfare

Question 2

Governments of limited powers

Answer 2

Only granted specific enumerated powers and the powers necessary and proper to promote those powers

Question 3

What is the necessary & proper standard?

Answer 3

An exception to the limits of the federal government that allows them to make laws that are “necessary & proper” for executing their enumerated powers.

Question 4

What types of activities have been deemed not to be commerce?

Answer 4

• Insurance is not a transaction of commerce
• Manufacturing was been held separate from commerce but this was overturned by Darby during the revolution of 1937.

Question 5

What happened during the revolution of 1937?

Answer 5

Courts revesed course on the commerce clause under the threat of FDR’s court packing and the pressure of the depression. Homes’ descent during the child labor case became how the courts interpret commerce clause.

“don’t want substandard labor conditions to spread through interstate commerce”

Question 6

How do you structure a constitutional argument?

Answer 6

1. Fed gov’t is a gov’t of limited powers domestically
2. Congressonal actions must be justified as acheiving a goal in an enumerated area
3. Goal can be achieved directly or indirectly
4. action can violate rights ( but law would be struck down under another theory)
5. Valid congressonal actions trump state actions

Question 7

What are the two was to justify legislation by a gov’t of limited powers?

Answer 7

• The action is a direct excersise of an enumerated power
• The excersise is necessary & proper to enact one of the enumerated powers

Question 8

What are the two ways to challenge a governmental action?

Answer 8

• Claim your rights have been viloated
• Claim that the action was beyond governmental powers to begin with

Question 9

What was the furtherst reach of the commerce power?

Answer 9

Wickard v. Filburn, can’t raise extra wheat due to bread prices.

Congress controls productions, supply, and demand

Question 10

Non-economuc regulation of the commerce clause

Answer 10

Hotels & resteraunts serve interstate commerce so no racism allowed