Powers of Congress

Question 1

For a federal law to be constitutional:

Answer 1

1. There must be a congressional power that justifies it
2. Must not violate a constitutional right

Question 2

For a state law to be constitutional:

Answer 2

Must not violate a right

Question 3

Source’s of Congress’s legislative power

Answer 3

1. Enumerated Powers
2. Enabling Clauses (13th, 14th, and 15th Amendments)
3. Necessary and Proper Clause

Question 4

What can Congress regulate under its Commerce Power?

Answer 4

1. channels of interstate commerce (i.e., highways, waterways, and air traffic);
2. instrumentalities of interstate commerce (i.e., cars, trucks, ships, and airplanes); and
3. activities that “substantially affect” interstate commerce.

Question 5

What are the elements of SET?

Requirements for exercising commerce power under substantial effects test:

Answer 5

Congress must show:

1. that the regulated activity is “economic” in nature; and
2. that the regulated activity (when taken cumulatively throughout the nation) has a substantial effect on interstate commerce

Question 6

Taxing Power

Answer 6

Congress has the power to:

• lay and collect taxes,
• duties,
• imposts, and
• excises to pay the debts and provide for the common defense and general welfare.

Question 7

Spending Power

Answer 7

Congress has the powere to spend for the general welfare

Question 8

Congress may place a condition on receipt of federal funds if 5 requirements are met:

Answer 8

1. the spending serves the general welfare;
2. the condition is unambiguous;
3. the condition relates to the federal program;
4. the state is not required to undertake unconstitutional action; and
5. the amount in question is not so great as to be considered coercive to the state’s acceptance

Question 9

War and Defense Powers

Answer 9

1. declare war;
2. raise and support armies;
3. provide and maintain a navy; and
4. organize, arm, discipline, and call forth a militia.

Question 10

Investigatory Power

Answer 10

• Necessary and Proper Clause allows Congress to conduct investigations incident to its legislative power
• The power extends to any matter related to its lawmaking power

Question 11

Power of Eminent Domain

Answer 11

congress has power to take private property

BUT, if congress takes, it must pay just compensation

Question 12

Admiralty and Maritime Power

Answer 12

power to fix and determine the maritime laws throughout the country

Question 13

Bankruptcy Power

Answer 13

Congress has the power “to establish uniform Laws on the subject of Bankruptcies throughout the United States

Question 14

Postal Power

Answer 14

Congress has the power to establish post offices

Question 15

Copyright and Patent Power

Answer 15

Congress may “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

Question 16

Speech and Debate Clause

Answer 16

Cannot punish a senator or representative for acts that occur in the regular course of the legislative process

Question 17

What are the Civil War Amendments

Answer 17

13th

14th

15th

Question 18

13th Amendment

Answer 18

Rcial discrimination - private OR public

slavery/race

Question 19

14th Amendment

Answer 19

Can enforce equal protection and due process rights.

Enforcement must have CONGRUENCE and PROPORTIONALITY between injury prevention and means adopted to achieve.

Question 20

15th Amendment

Answer 20

Bans race discrimination in voting

Question 21

To validly enforce the Fourteenth or Fifteenth Amendment, Congress must show that

Answer 21

1. state governments have engaged in widespread violations of the amendment; and
2. the legislative remedy is “congruent with and proportional to” the violations.

Question 22

Delegation Power

Answer 22

Congress can create an agency and gives that agency the power to make rules that have the force of law

*There must be some intelligible principle guiding the agency

Question 23

What is the necessary and proper clause?

Answer 23

Power to enact any legislation necessary/proper to execute federal government authority

o But clause not independent source of power so must carry into effect other enumerated powers

Question 24

Congress power over aliens and citizenship

Answer 24

1. Plenary power over aliens
   
   • Subject to due process clause
2. Exclusive authority over naturalization

Question 25

Limitation of congressional power over judicial judgments?

Answer 25

Congress cannot reinstate right to bring legal action after judgment is final

Question 26

Legislative immunity?

Answer 26

• No civil/criminal liability for statements and conduct made in regular course of legislative process