The Legislative Branch- Congress

Question 1

3 line drawing questions- where does an issue belong

Answer 1

1. An issue belongs to the federal government
2. It belongs to the state governments
3. Or it is shared between federal and state

Question 2

WHO IS THE GOV OF ENUMERATED POWERS????

Answer 2

Congress!!!! NOT THE STATES

Question 3

McCulloch v. Maryland

Answer 3

• facts: Maryland trying to tax the bank of the United States.
• rule of law: the constitution specifically delegates to Congress the power to tax and spend for the general welfare, and to make such other laws as it deems necessary and proper to carry out this enumerated power. Additionally, federal laws are supreme, and states may not make laws that interfere with the federal government’s exercise of its constitutional powers.
• this deals with the necessary and proper clause

Question 4

necessary and proper clause

Answer 4

Article 1 § 8 grants power to Congress, not a limitation. The court says that Congress has the power to use any means, not prohibited by the Constitution to carry out its authority.

Question 5

Current case about wires in Texas to keep immigrants out- Dissent v, Majority

Answer 5

5-4 vote : the wires can be cut out- too bad racist Texas.
Majority- three girlies + Roberts and ACB

Question 6

Commerce Power
5 eras
1st era

Answer 6

1. Initial Era (gibbons): commerce was broadly defined but minimally used

Question 7

Commerce Power
5 eras
2nd era. 1889-1937

Answer 7

the court got much more restrictive about what the commerce clause could do.
 Roosevelt then got upset and stated that he wanted to pack the court. This then leads to the next era.

Question 8

Commerce Power
5 eras
3rd Era. 1937-1955

Answer 8

Roosevelt gets his revenge and packs the court.
Wickard case- broadest defense of commerce clause.

“If congress has the power of Wickard, they’ve got it all.”

Question 9

Commerce Power
5 eras
4th era 1995-2011 (Lopez)

Answer 9

federal gun-free school zones where Congress regulated guns in the states and said it had to do with commerce power- the court said that they couldn’t do it because it was a local issue up to state police power.
 We see a big change in the court here- powers getting narrower again.

Question 10

Commerce Power
5 eras

5th era - 2012- Present affordable care act

Answer 10

The health insurance cases.
 After Lopez, the court was like we DO NOT need broad commerce power and thus congress did not have the authority to pass all of the healthcare acts.
* BUT- CJR says that it is Congress’ tax power. It was voted in a split decision that it was const.
o Spit decision- CJR being that shiny vote.

Question 11

Gibbons

Answer 11

a. Rule: if a state and Congress both pass conflicting laws regulating interstate commerce, the federal law governs under Congress’s constitutional grant of power to regulate interstate commerce.
b. Facts: steamboat operating where the man was jealous because the other guy took his girl. State trying to monopolize steamboat operation in NY.

WAKE UP CALL TO THE STATES- Y’ALL ARENT THE SOVEREIGNS ANYMORE

Question 12

Wickard

Answer 12

the courts greatest decision in terms of Congress’ power

• the test here narrows gibbons-

Question 13

Wickard test that narrowed Gibbons

Answer 13

If it exerts substantial economic effect on interstate commerce, then it can be regulated by congress

wicked was substantial because it says although it was one person producing this wheat, one person can add to many people

Question 14

South Dakota v. Dole

Answer 14

• Facts: congress trying to coerce the state’s drinking age laws by withholding federal highway funding.
  i. Backhanded punishment to get states to conform.
• Rule: Under the taxing and spending clause, congress can condition funding in state compliance with federal policies, even if congress cannot directly legislate the issues.

Question 15

dole - 4 limitations on Congress’ spending power

Answer 15

1. spending must be for the general welfare
   2, conditions must be clear
2. conditions should be related to the federal governments interest
3. conditions must not conflict with other constitutional provisions

Question 16

Lopez

Answer 16

Facts: congress trying to keep school zones gun free
- congress argued that this affected kids and school and this affected their future which effects the economy.

Rule: The commerce clause doe snot permit commerce to regulate gun-free school zones
- bug thing here was that the police power belonged to the state

Question 17

Current era

Sebelius

Answer 17

facts: two arguments being made here The suit for two reasons- (1) the individual Mandate in the PPACA that individuals purchase health insurance exceeded Congress’s power and (2) the requirement that states expand their Medicaid programs or lose all federal funding was unconstitutional.

Rule:
(1) individual mandate is Constitution use of congress’ power to tax.
(2) the medicaid expansion provision was not Constitution and was coercive

Question 18

MAJORITY AND DISSENT IN SEBELIUS
rule 1 - The Taxing and Spending Clause empowers Congress to legislate the individual mandate.

Answer 18

Majority- Yes! it is Constitutional, let’s look at the penalty as a tax.

MAJORITY-Roberts, Kagan, Sotomayor, Breyer, and RBG

DISSENT: Thomas, Alito, Scalia, Kennedy

Question 19

MAJORITY AND DISSENT IN SEBELIUS

Rule 2- The ACA’s threat to withdraw all Medicaid support to the states is unconstitutionally coercive.

Answer 19

Majority- Everyone but Sotomayor and RBG

Question 20

California v. Texas

Answer 20

Facts: People were complaining about a $0 penalty

Rule: $0 penalty is not a really injury!!

Question 21

Majority in Texas

Answer 21

Majority: Thomas, Barrett, Sotomayor, Kagan, Breyer, Roberts and Kavanaugh

Dissent: Alito and Gorsuch would have decided this on the merits and stated that the individual mandate is unconstitutional

Question 22

Chevron

Answer 22

Facts: ambitious power plant environment thingy
Rule: Leave the ambiguity up to the professions. if a statute administered by an agency is silent or ambiguous on a specific issue a reviewing court may not simply impose its construction of the statute.

Question 23

Chevron two step - When a court reviews an agency’s construction of a statute, it faces two questions

Answer 23

1. has congress spoken directly to this?
   - if so, then everything is over because congress has given you the statute that says what the rule is and you have to follow it.
2. But if the statute is ambiguous, you ask whether the agency’s answer is based on a permissible statute.

Question 24

WHAT ARE THE TWO CASES TRYING TO OVERRULE CHEVRON

Answer 24

RELENTLESS AND LOPERBRIGHT

Question 25

PREDICTED VOTE BASED ON ORAL ARGUMENT