Powers of Congress (Legislative Power) Flashcards
What is required for a federal law to be constitutional ?
- Legislating the area is within the rights of congress AND
- The law violates no Constitutional rights
What is required for a state law to be constitutional?
It can’t violate a const. right
What are congress’ three sources of power to legislate?
- Enumerated Powers
- Enabling Clause
- Necessary and Proper Clause
What are the enumerated powers of Congress?
- Commerce
- Taxing
- Spending
What is the scope of the enabling clause of Congress?
Gives Congress the power to enforce 13th, 14th, 15th Amendments
- Can enforce equal protection and due process rights
- Enforcement must have congruence and proportionality b/w injury to be prevented and means adopted to achieve that end
What does the commerce clause allow congress to regulate?
Grants Congress exclusive power to:
- regulate the channels & instrumentalities of commerce AND
- activities that have a substantial effect on interstate commerce
What functions does the commerce clause serve?
- A source of congressional authority, and
- A limit on states power (The Dormant Commerce Clause)
Commerce Clause - Instrumentalities of Interstate Commerce
Instrumentalities of - Anything that facilitates commerce (trucks, planes, internet, etc.)
Any item that can be bought, sold, or transported across state lines is an article of Int. Com. OR
Persons & Things - Persons or things that cross state lines
Commerce Clause - Substantial Economic Effect on Interstate Commerce
Congress has the power to regulate any activity (inter- or intrastate) that by itself or in combination with other activities has a subst. eonomic effect on interstate commerce
Commerce & Aggregation of Intrastate Activity
Even if an intrastate activity has no direct economic impact, congress can regulate as long as there is
- A rational basis for concluding
- That the total incidence of activity in the aggregate
- Subst. effect can be found if the sum of a specific action across a market effects commerce
- Look at the cumulative effect of all actions of those sim. sit. to see if there is subst. effect
- Substantially affects interstate commerce
Can congress force individuals to engage in commerce?
Forced Entry into Market prohibited
- Congress can’t force individuals not engaged in commercial activities to engage in commerce by requiring them to buy a product
Can congress regulate inrastate commerce?
Intrastate Economic or Commercial Activity
- Congress can regulate intrastate activity only if it’s economic or commercial activity AND
- there’s a rational basis for concluding that the activity in aggregate substantially affects interstate commerce
Commerce - Non-economic Activity of Traditional state concern
Congress must est. connection b/w the activity & subst. econ. effect in order to regulate it
If congress is regulating a private business, What is the source of their power?
Commerce Clause
Congress’s Taxing Power
A tax by congress is upheld if it has a reas. relationship to revenue production
- Congress has plenary power to impose taxes to raise revenue (or for any public purpose) through General Welfare Clause
Indirect Taxes
- Indirect Taxes must be uniform across states
- Uniform taxation of the taxed item in every state where the item is found
- Indirect Taxes - Taxes on an activity (not imposed directly on property or a person)
- Only applies to the states
- no req. that specific individuals are taxed uniformly)
Direct Taxes
Direct Taxes Must be in Proportion to National Census - Taxes imposed directly on property or a person
Taxation of exports
No power to tax exports
- Goods exported to foreign countries can’t be taxed by congress
On what does Congress have the power to spend?
Anything remotely related to the general welfare of the people
- Although there are areas congress can’t directly regulate, it can use its spending power to accomplish regulation indirectly by conditioning federal funding
What are the war & defense powers of congress in a time of peace?
- Power to declare war
- Power to raise and maintain an army (air force)/Navy
- Power to raise a mailtia
- Power to est. military courts for US service members and enemies
What are Congress’ war and defense powers in a time of war?
- Declare a draft
- Impose price controls
- Confine/Eclude civilians from an area
Congress’ War and Defense Power
Congress can take whatever action nec. to provide for the national defense in both wartime and peacetime
What rights does a citizen or non-citizen suspected of terrorism detained inside the US/Territories maintain?
Entitled to Due Process Rights
What is congress’ immigration and naturalization power?
Congress can control the laws regarding immigration and naturalization procedures
- Plenary Power over aliens - Subject to Due Process clause
- Exclusive auth. over naturalization
What does Congress’ investigatory power allow it to do?
Congress doesn’t have an express power to investigate, but the Nec. and Proper Clause allows Congress broad auth. to onduct investigations incident to its power to legislate
- Investigate anything related to any of its law making functions
What does Congress’ Property Power allow it to do?
It allows it to regulate, buy and sell federal property
- No express limit on power to dispose of US property
- Congress can only take private prop. for pub. use with just compensation and to effectuate an enumerated power
What does the Speech and Debate Clause Prohibit?
Punishing any member of Congress for words spoken on the floor of the House or Senate
Power to Enforce the 13th, 14th, and 15th Amendments
Each amendment contains a provision that authorizes congress to pass appropriate legislation to enforce the civil rights guaranteed by those amendments
What does the 13th Amendment Ban?
Slavery
What does the 14th Amendment ban?
States from violating the following clauses
- Due Process
- Equal Protection
- Privileges and immunities
What does the 15th Amendment ban?
Discrimination in voting based solely upon race
What are the limitations on Congress’ ability to enforce the 13-15th Amendments ?
- Congress can only enforce the 14th and 15th amendments against the states
- Congress has the burden of proving violation
- The remedy Congress seeks has to be congruent & proportional to preventing a violation of 13-15th amendments
What does the Necessary and Proper Clause allow Congress to do?
If congress is pursuing some end, it can choose whatever means nec. and proper to pursue that end
- Congress is given power to enact any legislation nec. & prop. to execute any auth. granted to any branch of the fed. gov’t
What is the power of the Nec. and Prop. Clause by itself?
It is not an independent source of power
- It needs to be combined with another source of pwer in order to justify legislation
- On MBE it is not a correct answer choice by itself
Who can congress impeach?
Any federal official
What can get a federal official impeached?
- Treason
- Bribery
- Other high crimes and misdemeanors (anything congress says)
How can Congress alter the U.S. Supreme Court’s Jurisdiction?
Congress can expand or restrict the number and types of lower court decisions which the court may hear
When should a court allow a state tax in violation of the commerce clause to stand?
- The tax i applied to an activity with a subst. nexus to the taxing state
- The tax is fairly apportioned
- The tax doesn’t discriminate against interstate commerce AND
- The tax is fairly related to the services provided by the state
What power does congress have over federal court jurisdiction?
Congress can modify the jurisdiction of the lower federal courts only
- District and circuit courts
Define the limits on congress’ establishment of federal jurisdiction
Congress can’t give a party w/ appellate juris. orig. juris in the US supreme court
What does the speech and debate clause prohibit ?
Punishing any member of congress for words spoken on the floor of the house or senate
Does congress have federal police power or power to promote the general welfare?
NO
Congress may place a condition on the receipt of federal funds by a state if what conditions are met?
- Spending serves the gen. welfare
- cond. is unambiguous
- Condition relates to federal program spending
- State is not required to break the const.
- Can’t be coercion (no bright line rule)
