Powers of Congress Flashcards
What power does Congress have over interstate commerce?
The power to regulate
-> the channels
AND
-> the instrumentalities of interstate commerce,
AS WELL AS
-> any activity that substantially affects interstate commerce
What is a limitation on Congress’ power over interstate commerce?
It’s construed broadly BUT does not give Congress the power to mandate that individuals not engaged in commercial activities engage in commerce.
What does “substantial economic effect” mean with regards to Congress’ power to regulate interstate commerce?
The power to regulate any activity or combination of activities that has a substantial economic effect on interstate commerce.
Is it possible for Congress to regulate intrastate activity?
Aggregation
-> even if an intrastate activity has no direct economic impact on interstate commerce, Congress CAN regulate as long as there is a RATIONAL BASIS for concluding that the “TOTAL INCIDENCE” of an activity in the aggregate SUBSTANTIALLY AFFECTS interstate commerce.
Is it possible for Congress to regulate noneconomic activity?
To regulate intrastate, noneconomic activity that involves an area of traditional state concern
-> the noneconomic activity must have a substantial economic effect on interstate commerce.
Does Congress have the power to raise taxes?
When do the federal courts uphold Congress’ power to create taxes?
Congress has plenary power to impose taxes to raise revenue (i.e. any public purpose) through General Welfare Clause.
Tax br Congress will be upheld if it has reasonable relationship to revenue production.
What is Congress’ spending power?
Congress has the power to spend for the general welfare (i.e., any public purpose), and to regulate things that it directly can’t through conditional federal funding (e.g., you want money, then State you need to do X).
What are the war and defense powers of Congress?
Power to
-> declare war
-> raise and support armies
-> provide and maintain a navy
-> take any necessary steps to provide for the nation’s defense in BOTH times of war and peace (e.g. military draft and selective service)
-> establish military courts and tribunals
-> allow the President to rely on the National Guard
Who do military courts and tribunals have jurisdiction over?
Jurisdiction over
-> enemy soldiers
-> enemy civilians
-> current members of the U.S> armed forces
NO jurisdiction over U.S> civilians
Do all parties to a military court or tribunal have constitutional protections?
No all constitutional protections apply such as
-> right to a jury trial
-> grand jury indictment
What power does Congress have in regards to the National Guard?
Congress has the power to authorize the President to call National Guard units to:
-> executive federal laws
-> suppress insurrections
AND
-> repel invasions
Constitutional authority extends to use of National Guard units in domestic situations and non-emergency circumstances (BUT LIMITED by statute)..
What is Congress’ property power?
No express limit on power to dispose of US property.
However, Congress may only take private property for
-> public use with just compensation
AND
-> to effectuate an enumerated power.
What power does Congress have over noncitizens?
What about naturalization?
Congress has plenary power over noncitizens (subject to Due Process Clause for a noncitizen within the US).
Congress has exclusive authority over establishing a uniform rule of naturalization.
What is the Necessary and Proper Clause?
Congress has the power to enact any legislation necessary AND proper to execute ANY authority granted to any branch of the federal government.
It is not an independent source of power, but it permits Congress’s otherwise designated authority to be serviced fully.
What does the 13th Amendment give Congress the power to do?
Ban on Slavery
Power to adopt legislation rationally related to eliminating racial discrimination.
The only amendment that authorizes Congress to regulate purely private conduct.
