Powers of Congress Flashcards
Commerce Powers
power to regulate:
- the channels of interstate commerce (e.g., airports)
- the instrumentalities of interstate commerce (e.g., planes)
- people and things moving in interstate commerce (e.g., commercial shipments) and
- in-state activities that, singly or in the aggregate, substantially affect interstate commerce (presumed when activity is economic in nature).
T: most activities involving 2 or more states
If u see a q that involves legis that in aggregate could affect interstate commerce ==> say its cool (presumptively const)
What Powers does Congress have?
Enumerated Art I, Sec 8 powers
1. Taxing & spending
2. Interstate & foreign commerce
3. War, armed forces, militia
4. Coin & borrow money
Immigration & naturalization
5. Mail
6. Copyright & patent laws
7. Federal courts
8. District of Columbia
9. Bankruptcy
10 Rules concerning captures
==> Congressional legislation must stem from Congress’s enumerated powers.
Article IV, sec 3 property clause
==> complete power to dispose of and regulate federally owned land and territories.
==> includes the power to regulate private property that affects federal public lands when such reg is nec to protect those lands—e.g., by prohibiting the erection of structures that completely enclose federally owned land.
Art I Necessary and Proper clause
(a) gives Congress the power to enact laws that are reasonably appropriate to carry out the President’s express powers
To determine IF activity substantially affects interstate commerce, consider…
- activity is economic in nature (then substantial effect presumed)
- jurisdictional element limits reach to activities with direct connection to interstate commerce
- express congressional findings that activity substantially affects interstate commerce and
- strong link between activity & effect on interstate commerce
Dormant commerce clause
Generally bars states (not the federal government) from discriminating against or otherwise unduly burdening interstate commerce.
Origination clause
any federal legislation that raises revenue (i.e., taxes) must originate in the House of Representatives.
Congress Tax Power (Const. art. I, sec. 8, cl. 1)
The Article I, section 8 taxing and spending clause only authorizes Congress to tax and spend for the general welfare [so look out for legis where this is cited as source ==> usually wrong], about spending and taxing, not legislating
Direct = tax on person or property
==> must b
(1) apportioned evenly across the states (i.e. take into act state’s population); AND
(2) reas related to rev raising
Indirect = sales, excise, income
==> must b
(1) uniformly applied (i.e. imposed identically) IN every state
(2) reas related to rev raising
Congress can never impose taxes on exported goods or services or on services and activities closely related to the export process.
Export clause
prohibits federal taxation of:
1.** exported goods,** which are goods leaving the U.S. and shipped to foreign countries
and
2. services and activities closely related to the export process.
Congress Spending Power
Const. art. I, sec. 8, cl. 1
==> the taxing and spending clause has been broadly interpreted to give Congress the power to spend for the general welfare—i.e., for any public purpose—not just to carry out its other enumerated powers.
Requirements:
(1) Funds must be spent for general welfare
(2) Conditions on receipt of funds must:
(a) be clearly stated & unambiguous
(b) be reasonably related to federal interest in funded program
(c) not require states to engage in unconstitutional activity and
(d) not unduly coerce states into accepting
Art 2 Exec Powers
Domestic powers
1. Manage federal executive agencies & officers
2. Execute federal laws
3. Recommend legislation to Congress
4. Sign or veto bills
5. Appoint/remove federal officers
6. Prosecute & grant pardons for federal crimes
Foreign powers
1. Serve as commander in chief
2. Negotiate/enter treaties (with 2/3 Senate approval) & executive agreements
3. Recognize foreign governments
4. Appoint/receive foreign diplomats
Breadth of Congress War Powers
Extremely broad
==> permit Congress to declare war and to provide for the national defense during wartime and peacetime—e.g.:
(a) by excluding civilians from sensitive or military areas
(b) by implementing a military draft and
(c) by imposing wage, price, and rent controls on the private civilian economy.
==> nec and proper clause extends this even further
14A Sec 5 Enabling Clause (MEE)
Permits Congress to pass legislation to enforce the equal protection and due process rights guaranteed by the amendment, but not to expand those rights or create new ones.
Under the separation of powers doctrine, the job of defining such rights falls to the Supreme Court.
In enforcing such rights, there must be a “congruence and proportionality” between the injury to be prevented or remedied and the means adopted to achieve that end.
==> meaning Congress can create laws that bar state action that would violate EP or DP, but not go beyond that (such a law would b incongruent and disprop bc there would be no const remedy)
13A Enforcement Clause
Congress can enact legislation enforcing the amendment’s prohibition of slavery and involuntary servitude
14A Enf Clause
The Fourteenth Amendment enforcement clause gives Congress the authority to enforce the amendment’s other provisions (EP & DP).
But these provisions only apply to state actors
Prohibited Legislation (2)
- Bill of Attainder: Prohibit legislative acts that inflict civil or criminal punishment against identified persons (or groups of persons) without a trial
-
ex post facto: Prohibit enactment of **retroactive criminal laws **that:
(a) criminalize previously legal conduct
(b) impose greater punishment than previously prescribed
(c) eliminate previously available defenses
(d) decrease prosecution’s previous burden of proof
Judges
Congress has the sole power to impeach and remove federal judges for treason, bribery, or other high crimes and misdemeanors, which helps ensure judicial integrity.
