Legislative Power Flashcards
(40 cards)
What is the Necessary & Proper Clause?
Article 1 Section 8 Clause 3 grants Congress the power to make all laws necessary and proper for executing its powers granted to any branch of the federal government.
This clause cannot be used alone as a source of power; it must be linked to another express (enumerated) power.
What was the ruling in the McCulloch case?
Federal law is supreme over state law; thus, the state could not tax the national bank. Congress has the implied power to incorporate a national bank under the federal Constitution.
The Constitution’s Supremacy Clause was central to this ruling.
What does the Commerce Clause allow Congress to do?
Regulate commerce with foreign nations, among the several states, and with Indian tribes.
This is found in Article 1, Section 8, Clause 3.
What are the four eras that applied the Commerce Clause?
- Establishment Era (1890) - Broadly defined but minimally used
- Conservative Era (1890-1937) - Narrowly tailored, limited by the 10th Amendment
- Liberal Era (1937-1990) - Used to eliminate segregation
- Conservative Era (1990-Present) - Narrowly tailored, limited by the 10th Amendment
What are the three tests established in US v. Lopez for Congress to regulate under the Commerce Clause?
- 1) Use of the channels of interstate commerce
- 2) Instrumentalities of interstate commerce
- 3) OR Economic activities that have a substantial effect on interstate commerce
What are considered channels of interstate commerce?
Roads, waterways, railways, airspace, even telecommunications
What are insturmentalities of interstate commerce?
persons/things in the interstate commerce stream, i.e. cars, people, mail, trucks, planes, boats.
How does the 3rd prong of the US v. Lopez Test find that Congress can regulate eco activities of interstate commerce
The court will uphold the regulation if 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.
If the regulated intrastate activity is noncommercial/noneconomic, it cannot be regulated under the CC unless Congress can factually show a substantial economic effect on interstate commerce.
What was the outcome of the Heart of Atlanta Motel case?
Congress can regulate for non-commercial reasons, such as social welfare, health regulations, and civil rights.
This case involved discrimination in a restaurant affecting commerce.
What did the Supreme Court decide in US v. Morrison?
The Violence Against Women Act was unconstitutional because Congress was regulating non-economic activity (sexual assaults) which did not substantially affect interstate commerce.
This case involved civil damages for gender-motivated acts.
What did the court rule in the Wickard case?
Privately growing wheat for personal consumption affects interstate commerce in the aggregate.
This case expanded the interpretation of economic activity under the Commerce Clause.
What did the court hold in Gonzalez v. Raich?
Congress may regulate local activity if it has a rational basis for concluding that the activity substantially affects interstate commerce.
This case involved the regulation of medical marijuana use.
What is the Taxing & Spending Power as defined in Article I, §8 clause 1?
Congress has the power to lay and collect taxes, duties, imposts, and excises to pay debts and provide for the common defense and general welfare of the United States.
The Spending Clause is also known as the General Welfare Clause.
What did the court decide in South Dakota v. Dole?
Congress can place conditions on grants to states as long as the conditions are expressly stated and related to the purpose of the spending program.
This case involved withholding federal highway funds based on state drinking age laws.
What limitations exist for conditions on grants to state governments?
- Must pursue the general welfare
- Must be unambiguous
- Must relate to federal interest in national projects
- Other constitutional provisions may create limitations
What is the Enabling Clause of the Thirteenth Amendment?
It grants Congress the power to adopt appropriate legislation proscribing private racially discriminatory acts.
This is the only clause that applies to actions for private individuals.
What does the Fourteenth Amendment prohibit?
No state shall abridge the privileges or immunities of US citizens or deprive any person of life, liberty, or property without due process of law.
It is directly enforced against the states, not private individuals.
What was the significance of Katzenbach v. Morgan?
Congress has the power to define the meaning of the 14th Amendment and can enact laws to prevent state discrimination.
The case involved voting rights for Puerto Ricans.
What does the Fifteenth Amendment state?
The right of citizens of the US to vote shall not be denied or abridged by the US or by any state on account of race.
What are the requirements for congressional legislation according to the source?
- Must be within the scope of congressional power
- Legislation must be plainly adapted to that end
- Not prohibited by the Constitution
- Consistent with the ‘Letter and Spirit’ of the Constitution
What significant case must be known regarding the Voting Rights Act of 1965?
Shelby County v. Holder
What does the 15th Amendment state?
The right of citizens of the US to vote shall not be denied or abridged by the US or by any State on account of race, color, or previous condition of servitude.
What power does Section 2 of the 15th Amendment give to Congress?
Congress shall have power to enforce this article by appropriate legislation.
What is the primary focus of the 11th Amendment?
The immunity of states from being sued.
