Federal Legislative Power Flashcards
(23 cards)
Congress has authority to act only pursuant to:
an express or implied power in the Constitution
Federal police power
NO general power to adopt laws for the health, safety, and welfare of citizens
Necessary and Proper Clause
Congress has power to make ALL laws necessary and proper for executing ANY power granted to ANY branch of the federal government.
Taxing and spending power
Congress may tax and spend for the general welfare (ANY public purpose not prohibited by the Constitution)
Will a tax be upheld?
will be upheld if they bear some reasonable relationship to revenue production or if Congress has the power to regulate the activity taxed.
Commerce Power
Congress may regulate:
1) channels and instrumentalities of interstate commerce AND
2) INTRASTATE activities that have a substantial effect on interstate commerce (if activity non-economic, cannot aggregate)
Can Congress regulate inactivity under the commerce power?
Majority of justices say Congress can’t regulate inactivity (cannot compel activity).
Tenth Amendment
all powers not granted to the United States, nor prohibited to the states, are reserved to the states or the people.
10th Amendment principles
- Anti-commandeering principle
- spending power conditions
- Congress may prohibit harmful commercial state activities
Anti-commandeering principle
Congress cannot compel state regulatory or legislative action.
Spending power conditions
Congress can induce state/local government action by placing conditions on the grant of money if the conditions are:
- expressly stated
- relate to the purpose of the program
- not unduly coercive
Congress power under Section 5 of the 14th Amendment
Congress may not create new rights or expand the scope of rights. May act only to prevent or remedy violations of rights recognized by the courts, and such laws must be “proportionate” and “congruent” to remedying constitutional violations.
War and related powers
The Constitution gives Congress power to declare war, raise and support armies, and provide for and maintain a navy.
Investigatory Power
Congress has an implied power to investigate to secure information as a basis for potential legislation or other official action
Property power
Congress has the power to dispose of and make rules for territories and other properties of the United States
Bankruptcy power
Congress has power to establish uniform rules for bankruptcy.
The power is nonexclusive, so states may legislate in the field as long as their laws do not conflict with federal law.
Postal power
Congress has an EXCLUSIVE postal power.
Congress may validly classify and place reasonable restrictions, but may not deprive any citizen or group of citizens of the general mail “privilege.”
Power over citizenship
Congress has exclusive power over naturalization and denaturalization
Admiralty power
The Constitution gives Congress exclusive power over admiralty issues except to the extent that Congress leaves maritime matters to state jurisdiction
Patent/Copyright power
The Constitution gives Congress the power to control the issuance of patents and copyrights.
Power to delegate
No limit - as long as intelligible standards are given and not uniquely confined to Congress (declare war, impeach)
If major Q of economic/political significance, agency can only act if there is clear Congressional direction
Legislative vetoes/line-item vetoes
Legislative vetoes/line-item vetoes are unconstitutional.
Must always be bicameralism and presentment
Delegation of executive power
Congress may not delegate executive power to itself or its officers.
