The Federal Legislature (Congress) Flashcards
Congress’s Authority Over Federal Property Rule:
There is no limit on Congress’s ability to dispose of federally owned property (real property, personal property, etc.).
Congress may only enact regulatory laws pursuant to the
enumerated powers granted to it by the Constitution, as well as any other laws which are necessary and proper to effectuate these grants of authority
Unlike the States, Congress does not have
Police Powers.
Exceptions (where Congress does have Police Powers):
a. Native American Reservations
b. Military Bases
c. Federal Lands or Territories
d. District of Columbia
Article 1, Section 8 of the Constitution grants Congress the authority to regulate
interstate commerce
Powers Under the Commerce Clause
(1) regulating the channels of interstate commerce,
(2) instrumentalities traveling in interstate commerce, and
(3) regulating activities which have a substantial effect on interstate commerce.
Channels of interstate commerce
includes
highways, waterways, airways,
Goods and Persons Traveling in Interstate Commerce includes
goods, modes of transportation
Intrastate activities that have a substantial effect on interstate commerce - If this activity is non-economic in nature, the showing of a substantial effect cannot be based on the
cumulative impact of the activity
Intrastate activities that have a substantial effect on interstate commerce - If this activity is economic in nature (i.e. an activity which involves the sale of goods, property, or services) the substantial effect
can be based on the cumulative impact of the activity.
Under the 10th Amendment, Congress cannot
compel state regulatory action (Congress cannot commandeer the state legislatures).
Nearly every law which imposes a funding contingency will be
constitutional.
Congress can make state funding contingent on compliance with federal regulations, so long as these conditions relate to the
purpose of the federal spending program,
are unambiguous, and
are not so coercive as to amount to compulsion.
Congress may also prohibit a state from
selling a citizen’s personal information to private interests.
Power to Declare War - Rule
Congress has the sole power to declare war against a foreign nation.
Impeachment and Removal Power - Rule
All officers of the government and members of the judiciary may be impeached for treason, bribery, or high crimes and misdemeanors by a vote of ½ of the House, and then subsequently removed from office by a 2/3 of the Senate.
Congress may act to prevent or remedy violations of the _____by states
14th Amendment
Congress’s power under Section 5 (the enforcement clause) of the 14th Amendment - Congress may not use this as a means of
Preventing or remedying discrimination by private actors.
Congress may act to prevent or remedy racially based discrimination by private and state actors pursuant to its power under the
Enforcement Clause of the 13th Amendment.
There is _____ limit on Congress’s ability to delegate its own powers.
no
Congress may ____delegate Executive powers to itself or others
NOT
Bill of Attainder - Neither Congress nor any State legislature may
single a person out for punishment
Ex Post Facto Law
Neither Congress nor any State Legislature may retroactively impose criminal liability on a person.
There is no prohibition on imposing retroactive _____ liability though
civil
