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Con Law > Powers of Congress > Flashcards

Powers of Congress Flashcards

1
Q

Where are Congress’s enumerated powers found?

A

Art. I §1

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2
Q

Where is the Necessary and Proper clause found?

A

Art. I §8

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3
Q

What does the Necessary and Proper Clause do?

A

Allows Congress to select appropriate means once it has resolved that an objective is within C’s enumerated powers

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4
Q

What is state residuary power?

A

Says states can do whatever they want unless it is expressly prohibited by the Constitution

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5
Q

Who is the ultimate sovereign?

A

The People, not states, not the nation

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6
Q

What case sets out the basic framework for N & P clause?

A

McCulloch v. Maryland

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7
Q

What case said that people, not states are the ultimate sovereign?

A

McCulloch v. Maryland

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8
Q

What does “necessary” and “proper” mean?

A

There is some rational connection between the means and the end. “Reasonable” and “appropriate.”

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9
Q

Example of “necessary”

A

A criminal law against vandalizing mailboxes. Not an enumerated power, but ____ to establish a postal system.

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10
Q

How does the N & P clause empower C?

A

gives C power rather than limiting it. C may choose any means not prohibited by the Const. to carry out its lawful authority

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11
Q

What did McCulloch and Maryland achieve?

A

Case expanded the power of the N & P clause.

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12
Q

What does Art. I do?

A

Enumerates C’s powers and some implicit powers (N & P)

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13
Q

Where is the Commerce Power found?

A

Art. I §8

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14
Q

What does the Commerce Power do?

A

grants C power to regulate states and private individuals’ interstate commercial and economic activities

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15
Q

What is the positive side of the commerce power?

A

the affirmative grant of power to C to regulate commerce among the states

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16
Q

What is the dormant side of the commerce power?

A

the implicit prohibition of state or local laws that discriminate against or unduly burden interstate commerce

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17
Q

What triggered the change in SCOTUS’s understanding of the commerce clause?

A

The switch in time that saved 9

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18
Q

What was the Pre-New Deal understanding of the commerce clause?

A

laissez-faire mentality and judicially unmanageable standards

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19
Q

How to analyze Commerce Power question

A
  1. identify what is being regulated
  2. does it regulate the use of channels of interstate commerce OR
  3. the instrumentalities of, or persons of things in interstate commerce OR
  4. does it regulate activities substantially affecting
  5. AND is the regulation N & P to achieve a broader regulatory scheme?
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20
Q

What did Wickard v. Fillburn decide?

A

C can regulate by way of the Commerce Power, activities that are purely intrastate, non-commercial, and non-economic that undermine C’s broader regulatory scheme

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21
Q

Principle of aggregation

A

C regulate activity that taken in isolation, doesn’t substantially affect interstate commerce, but multiple iterations of the activity would.

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22
Q

Analysis of aggregation principle

A
  1. look at all similarly situated individuals and determine if, multiple iterations would substantially effect interstate commerce
  2. apply rational basis for finding the substantial effect (quite deferential)
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23
Q

The Civil Rights Act of 1964

A

Act that eliminates discrimination in places of public accommodation

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24
Q

What did Heart of Atlanta Motel decide?

A

C can prohibit discrimination in places of public accommodation b/c it hurts interstate travel

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25
Q

What are the categories of regulable activity under Commerce Clause

A
  1. channels of interstate commerce
  2. instrumentalities of, or persons or things in, interstate commerce
  3. activities substantially affecting interstate commerce
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26
Q

channels of interstate commerce

A

how people or goods get from one state to another

27
Q

examples of channels of interstate commerce

A

waterways, roads, RR, planes, telecommunication, internet

28
Q

instrumentalities of interstate commerce

A

the thing that does the transportation of commercial goods or persons

29
Q

examples of instrumentalities of interstate commerce

A

cars, planes, railroad safety, trains

30
Q

activities substantially affecting interstate commerce

A

economic or commercial activity

31
Q

Analysis of activity “substantially affecting interstate commerce”. Substantial affects test

A
  1. Is the activity economic or commercial in nature?
    a. viewed in the aggregate
    b. If not, view as individual instance
  2. Congressional findings?
    a. can be persuasive
  3. An attenuated connection to interstate commerce?
  4. Is it an area in which states have historically been sovereign?
  5. If none of the above, is the activity an integral part of a broader regulatory scheme?
    a. reasonable?
32
Q

Jurisdictional hook/ jx element

A

provision of statute limiting its applicability to things that have traveled intrastate

33
Q

What did US v. Morrison demonstrate?

A

Congressional findings may not be important or very persuasive.

Importance of substantial affects test–connection btwn regulated activity cannot be too tenuously connected to broader regulatory scheme affecting commerce

34
Q

Can noncommerical, non-economic activity be aggregated?

A

No. Under Mossion

35
Q

What did Gonzales v. Raich demonstrate?

A

C has a rational basis for regulating intrastate, noncommercial activity when the activity would undermine the effectiveness of a broader regulatory scheme.

36
Q

What does the minimum essential coverage/ individual mandate provision in NFIB v. Sebelius show in relation to the commerce clause?

A

C cannot regulate inactivity and where individuals have not voluntarily entered a market

37
Q

Where is the taxing power found?

A

Art. I §8, cl. 1

38
Q

What may C tax?

A

Whatever C finds important for the “General Welfare” of the nation

39
Q

What are the limits on C’s taxing power?

A

May not use as a means of regulation or punishment

40
Q

Analysis: taxation or regulation?

A
  1. who pays the penalty? –is there a requisite mindet
  2. where is the penalty codified?
  3. who enforces the penalty?
  4. how is the penalty assessed? –household size, income, etc
41
Q

What does the minimum essential coverage/ individual mandate provision in NFIB v. Sebelius show in relation to the taxing power?

A

Case shows when individuals pay a penalty to the Treasury dept, the penalty is Const under C’s taxing power

42
Q

Does C’s intent matter when levying taxes?

A

No. As long as it is imposed to raise revenie

43
Q

What does Drexel Furniture show?

A

Case shows when there is a scienter requirement (punishment) and the penalty is paid to a department other than the Treasury/ IRS= regulatory penalty and unconstitutional use of C’s taxing power

44
Q

Where is the spending power found?

A

Art. I §8

45
Q

Conditional spending analysis

A
  1. “general welfare” of the nation or textual requirement
  2. unambiguous
  3. germaneness
  4. independent const. bar
  5. coercion
46
Q

What is the level of scrutiny for the “general welfare” questions.

A

Rational basis–cts are deferential to C’s findings

47
Q

unambiguous–conditional spending

A

terms must be unambiguously known, states can exercise a choice

48
Q

germaneness

A

conditions must be sufficiently related to the purpose of the spending program

49
Q

coercion–conditional spending

A

must give states more than an illusory choice

50
Q

What did South Dakota v. Dole show?

A

link between highway safety and the drinking age of 21, paired with a small withholding of funds for states that do not comply is permissible under the Spending Power

51
Q

What does the Medicaid provision in NFIB v. Sebelius show in relation to the spending power?

A

Case shows withholding huge percentage of funds for existing program is coercive

52
Q

What does §5 of the 14th Amend do ?

A

mini N & P clause. Gives C the power to enforce the 14th amendment

53
Q

Doctrinal test of 14th Amend §5

A

legislation must be “congruent” and “proportional” to the const. violations C seeks to remedy or prevent

54
Q

Who may C regulate under its §5 powers of 14th Amend?

A

only state action, not private individuals

55
Q

Where is the treaty power found?

A

Art II §2

56
Q

What does C have to do with treaties?

A

Senate must ratify treaties

57
Q

What power does C have under the treaty power?

A

the N & P allows C to enact laws to support treaties. Increased unenumerated powers

58
Q

Over what laws do treaties prevail?

A

over state

if conflict w/ fed law, last in time controls

59
Q

What did Missouri v. Holland demonstrate?

A

Const. doesn’t limit C to its enumerated powers when implementing a treaty, but you can’t ignore a specific const. provision

60
Q

What does Reid v. Covert demonstrate?

A

C cannot enact laws under treaty power that violate express prohibitions in the Const.

61
Q

Limits to C’s anti-commandeering principle

A
  1. only applies to federal laws regulating the states in their sovereign capacities, as regulators of their inhabitants
  2. only forbids fed laws that require the states to take affirmative acs, not prohibitions
  3. does not forbid C from enticing states
62
Q

Treaty power analysis

A
  1. is there some limit on the proper subject matter of a treaty?
  2. how necessary must an enacted law be to the implementation of a treaty?
  3. Can the making a treaty enable C to enact legislation that would otherwise exceed its enumerated power?
63
Q

commandeering or preemption?

A
  1. are states and private citizens regulated equally? No, that;s ok.
  2. Is C compelling a state to take affirmative action? Not ok.
  3. Is C prohibiting a state from permitting various private acts? That’s ok.
64
Q

What did Printz v. US demonstrate?

A

case shows anticommandeering applies to local govt as well as to states

Con Law (8 decks)

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