The Legislative Power Flashcards
What is the spending power?
Congress may spend to provide for the common defense and general welfare.” Spending may be for any public purpose. Note Congress cannot directly legislate for this.
What is the commerce power?
Congress has the power to regulate all foreign and interstate commerce. A federal law regulating interstate commerce must either:
1) regulate the channels of interstate commerce;
2) regulate the instrumentalities of interstate commerce and persons and things or
3) regulate activities that have a substantial effect on interstate commerce.
Can Congress regulate intrastate activity?
the Court will uphold the regulation is it is of economic or commercial activity and the court can conceive of a rational basis on which Congress could conclude that the activity in aggregate substantially affects interstate commerce. ex. growing wheat or pot.
What is the Congress’s War Power?
The Constitution gives Congress power to declare war, raise and support armies, and provide for and maintain a navy.
What is the investigatory power?
the power of Congress to investigate is implied. Investigation must be expressly or impliedly authorized by the appropriate house
What is the property power?
power to dispose of and make rules for territories and other properties of the US. prohibit hunting on fed lands. Under Article IV, Section 3, Congress has the power “to make all needful rules and regulations respecting the territory or other property belonging to the United States.”
Is there a federal police power?
NO, but they do have police power type powers over federal territories like D.C. , military bases, and indian reservations
Does Congress have power over citizenship and can they exclude aliens?
Yes, but resident aliens need notice and a hearing.
Can the legislative branch delegate its powers?
Yes, to the executive or judicial branch as long as intelligible standards are set and power is not uniquely confined to Congress. ex. powers to declare war, impeach
What is the speech or debate clause?
conduct that occurs in the regular course of the federal legislative process and the motivation behind that are immune from prosecution. does not cover conduct outside congress.
What is the Seperation of Powers Requirement?
To pass a law, Congress must use bicameralism (pass by both houses) followed by presentment to the President for signature or veto. Attempts by Congress to create laws or control the enforcement of laws without bicameralism and presentment are invalid.
