Powers Of Congress Flashcards

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1
Q

List the 7 Powers of Congress

A

1) Taxing & Spending Power
2) Commerce Power
3) Power to Declare War
4) Foreign Affairs Power
5) Power over Non-Citizens/Alienage
6) Power to Print & Coin Money
7) Power over Federal Property

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2
Q

Commerce power

A

Interstate commerce - Congress has the power to regulate 1) the channels, and 2) the instrumentalities of interstate commerce, as well as 3) any activity that substantially effects interstate commerce.

Substantial economic effect - Congress has the power to regulate any activity or combination of activities that has a substantial economic affect on interstate commerce. This is viewed from a point of aggregation - even if an interesting activity has no direct economic impact on the interstate commerce Congress can regulate it as long as there is a rational basis for concluding that the total incidence of activity in the aggregate substantially effects, interstate commerce.

Congress also has power to regulate non-economic activity (on an intrastate state basis) that involves an area of traditional state concern; then, on economic activity, must have a substantial economic affect on interstate commerce.

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3
Q

Taxation and spending power

A

Congress tax power - tax by Congress will be upheld if it has a reasonable relationship to revenue production. Congress has plenary power to impose taxes to raise revenue through the general welfare clause.

Congress spending power - Congress has the power to spend for the general Wolfe Wayfair meaning any public purpose including conditional federal funding.

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4
Q

Congress war and defense power

A

Congress has the power to declare war, raise and support armies, provide a maintain a navy, etc.

Congress is responsible for providing national defense in wartime in peacetime

Military courts and tribunals - authority to try enemy soldiers, enemy civilians and current members of the US Armed Forces; no jurisdiction over US civilians; not all constitutional protections apply (example: right to a jury trial, or grand jury indictment)

National guard Dash power to authorize the president to call National Guard units to execute federal laws, suppress, insurrections, and repel invasions; constitutional authority extends to use of National Guard units in domestic situations, and non-emergency circumstances.

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5
Q

Necessary and proper clause

A

Congress has the power to enact any legislation necessary and proper to execute any authority granted to any branch of the federal government; not an independent source of power

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6
Q

Power to enforce the 13th, 14th, and 15th amendments

A

Ban on slavery (13th) - Congress has the power to adopt legislation rationally related to eliminating racial discrimination; the only amendment that authorizes Congress to regulate purely private conduct

Equal protection and due process (14th) - permits Congress to pass legislation to enforce equal protection, and due process rights, but not to expand those rights or create new ones; must be congruence and proportionality between the injury to be prevented or remedied, and the means adopted to achieve that end

voting (15th) - prohibits the state and federal government from denying any citizen, the right to vote based on race, color, or previous condition of servitude

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7
Q

Foreign Affairs Power

A
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8
Q

Alienage

A
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9
Q

Print & Coin Money

A
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10
Q

Federal Property

A

National parks, Washington D.C., monuments, undeveloped federal property

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11
Q

Delegating powers to president

A

Congress may delegate powers BUT MUST provide guidelines, limitations, etc.

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