The Power of Congress Flashcards
Can Congress tax goods exported to foreign countries?
No. Export Taxation Cl. of Art. I, Sec. 9
What is the rule for delegation of powers?
Congress can delegate its power to administrative agencies so long as there are intelligible standards governing the exercise of that delegated power.
What is Congress’ power relating to the 13th, 14th and 15th Amendments?
13th- Congress has broad power to legislate against public and private racial discrimination.
14th - Congress can pass legislation to enforce equal protection and due process rights guaranteed by the 14th, or the Supreme Court, but cannot expand or create new ones.
- Must be congruence and proportionality between injury to be prevented and means adopted to achieve that end.
15th- Right to vote.
What are the other Article I Powers?
Bankruptcies
Maritime Matters
Copyright/Patent
DC
Coining of Money
Time/Place/Manner of elections - Elections Cl. (can override state laws)
Necessary and Proper Clause.
What is the investigatory power?
Necessary and Proper Clause gives Congress power: any matter within legislative sphere but members of Congress cannot be questioned about business before Congress.
What is the property power?
May dispose of property belonging to US.
What is the postal power?
Establish post offices and roads and restrictions on use of mail.
What is the power over alines and citizenship?
Plenary.
Aliens have no right to enter but 5th Amendment Due Process for an alien within the US.
Citizenship: cannot take away without consent -14th.
What is the commerce power?
Congress has the power to regulate the channels and instrumentalities of interstate commerce, and any activity that substantially affects interstate commerce.
Intrastate: As long as there is a rational basis for concluding the total aggregation of the activity substantially affects commerce .
For non-economic activity: can regulate only by actually demonstrating a substantial affect on interstate commerce.
What is the taxing and spending power?
Congress can spend for general welfare. Can bribe with grants.
Taxing power generally upheld if reasonable relationship to revenue production. Can be for any purpose.
Indirect taxes need only be geographically uniform.
What is the war and defense powers?
Congress has power to declare war.
Congress can maintain army and navy.
Congress has power to provide for military discipline of US military personnel.
Congress can provide for military trial of enemy combatants and enemy civilians. But not US citizens who are civilians.
Can Congress require states to change their laws regarding federal elections?
Yes.
