Federal Legislative Power Flashcards
(25 cards)
what types of power does federal govt have?
limited power. There must be express or implied authority of congress to act.
Do federal courts have police powers
NO
x/c for when congress has police powers
MILD
1) military
2) Indian reservations
3) Land (federal land)
4) District of Columbia (DC)
can congress use the necessary and proper clause alone?
NO. Congress can use the necessary and proper clause with another power. If see it alone it is wrong.
what are the 3 biggest powers for Congress?
1) taxing
2) spending
3) Commerce Clause
when congress may SPEND AND TAX?
for the general welfare
- If congress power to act is for general power of welfare it is a MILD question or taxing and spending only
how do courts determine a tax?
by its FUNCTION not on what congress calls it
what can congress regulate for commerce clause (generally)
congress can regulate commerce with foreign nations, Indian tribes and among the states
what 3 types of things congress may regulate for commerce
1) CHANNELS of interstate commerce (ex: highways, waterways, internet)
2) INSTRUMENTALITies of interstate commerce and PERSONS OR THINGS in interstate commerce
may congress regulate something by commerce powers if it is non-economic that has a substantial effect on interstate commerce?
NO
- Ex: violence against women is non-economic damages
can congress regulate inactivity, eve if the failure to undertake activity may affect interstate commerce
NO. may not regulate INACTIVITY (ex Obama care)
under 10th amendment what can congress NOT do to states?
Congress CANNOT compel state REGULATORY OR LEGISLATIVE action.
what CAN congress do to induce st. government action by putting strings on grants, so long as the conditions…
are EXPRESSLY STATED and relate to the purpose of the spending program as long as they are not UNDULY COERCIVE
-ex: drinking age 21 for highway spending
Congress MAY prohibit what under the 10th amendment?
harmful commercial activity by state government
-ex DMV selling registrations
Non-Delegation doctrine
pretty much non-existent anymore.
- No limit exists on Congress’ ability to delegate legislative power but congress cannot unsurp power from another branch.
what must happen for act by congress be valid
there MUST ALWAYS BE
1) bicameralism (passage by both house and senate) and
2) presentiment (giving bill to president to sign or veto) which the president must sign or veto in its entirety
are line-item vetoes constitutional?
NO need bicameralism and presentmisitim
what does the Contracts clause ONLY apply to
STATES not the federal government
what is the power of Congress to investigate
the power of congress to investigate is coextensive with the power to legislate (created by article I section 8 of the constitution).
- it is limited to matters over which the Congress has jurisdiction
Does congress have the power to restrict the jurisdiction of the USSC of
1) case involving an ambassador
2) dispute b/w 2 states or
3) case involving a state and federal government
NO. USSC has original jurisdiction
does Congress have the power to restrict the jurisdiction of the USSC of cases dealing with maritime
yes, b.c USSC only have appellate jurisdiction over those cases
Can congress tax press
Yes.
- Congress can put tax on press that can be taxed on general business taxes that are not based on content or targeting small category of publications
Can congress appoint officers for enforcement powers
NO, this is an executive branch function.
- Only president, Courts, or the department can appoint
2 tests to determine if CC is valid under “activities that have a substantial effect on interstate commerce”
If the activity regulated is ECONOMIC or COMMERCIAL, it will be upheld if Congress could rationally conclude that the activity, i aggregate, substantially affects interstate commerce.
- if activity is intrastate and is noncommercial and not economic, it will be upheld under CC ONLY if Congress can make a factual showing that the activity actually has a substantial economic effect on interstate commerce
