The Legislative Power Flashcards
What powers can Congress exercise?
all enumerated powers plus all auxiliary powers necessary and proper to carrying out all powers vested in the federal government.
In order for Congress to tax something, what must it show?
that taxing the activity has some reasonable relationship to revenue production; or that Congress has the power to regulate the activity itself.
Congressional spending may be for what kinds of expenditures?
any public purpose.
Congress has the power to regulate all ___________ and ____________ commerce.
foreign; interstate
To be within Congress’s power under the Commerce Clause, a federal law regulating interstate commerce must either:
1) regulate the channels of interstate commerce; 2) regulate the instrumentalities of interstate commerce; or 3) regulate activities that have a substantial effect on interstate commerce.
When will a congressional regulation of intrastate commerce be upheld?
where the court finds 1) the activity is economic or commercial in nature; 2) there is a rational basis on which Congress could conclude the activity in the aggregate substantially affects interstate commerce.
Can Congress regulate intrastate commerce which is not economic or commercial activity?
Yes, but only where the court can find that it will have a direct substantial economic effect on interstate commerce.
Can Congress compel economic activity?
No
What courts have the power to review court-martial proceedings?
No civilian courts.
Enemy civilians and soldiers may be tried by what kind of courts?
military courts
May enemy combatants seek habeas corpus review by a non-military court?
Yes. Congress has no power to deny habeas corpus review to all aliens detained as enemy combatants absent a meaningful substitute for habeas corpus review.
What courts have jurisdiction over American soldiers who commit wrongs?
military courts
When can American civilians be tried by military courts?
where there is martial law and actual warfare causes the civilian courts to shut down.
Congress has no general _______________.
police power.
Over what does Congress have police powers?
the District of Columbia, federal lands, military bases, and indian reservations.
