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Flashcards in Powers of Congress Deck (22)
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1

For a federal law to be constitutional:

  1. There must be a congressional power that justifies it
  2. Must not violate a constitutional right

2

For a state law to be constitutional:

Must not violate a right

3

Source's of Congress's legislative power

  1. Enumerated Powers
  2. Enabling Clauses (13th, 14th, and 15th Amendments)
  3. Necessary and Proper Clause

4

What can Congress regulate under its Commerce Power?

  1. channels of interstate commerce (i.e., highways, waterways, and air traffic);

  2. instrumentalities of interstate commerce (i.e., cars, trucks, ships, and airplanes); and

  3. activities that “substantially affect” interstate commerce. 

5
What are the elements of SET?

Requirements for exercising commerce power under substantial effects test:

Congress must show:

  1. that the regulated activity is “economic” in nature; and 

  2. that the regulated activity (when taken cumulatively throughout the nation) has a substantial effect on interstate commerce

6

Taxing Power

Congress has the power to:

  • lay and collect taxes,
  • duties,
  • imposts, and
  • excises to pay the debts and provide for the common defense and general welfare. 

7

Spending Power

Congress has the powere to spend for the general welfare

8

Congress may place a condition on receipt of federal funds if 5 requirements are met:

  1. the spending serves the general welfare;

  2. the condition is unambiguous;

  3. the condition relates to the federal program;

  4. the state is not required to undertake unconstitutional action; and

  5. the amount in question is not so great as to be considered coercive to the state’s acceptance 

9

War and Defense Powers

  1. declare war;

  2. raise and support armies;

  3. provide and maintain a navy; and

  4. organize, arm, discipline, and call forth a militia. 

10

Investigatory Power

  • Necessary and Proper Clause allows Congress to conduct investigations incident to its legislative power
  • The power extends to any matter related to its lawmaking power

11

Power of Eminent Domain

congress has power to take private property

BUT, if congress takes, it must pay just compensation

12

Admiralty and Maritime Power

power to fix and determine the maritime laws throughout the country

13

Bankruptcy Power

Congress has the power “to establish uniform Laws on the subject of Bankruptcies throughout the United States

14

Postal Power

Congress has the power to establish post offices

15

Copyright and Patent Power

Congress may “promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

16

Speech and Debate Clause

Cannot punish a senator or representative for acts that occur in the regular course of the legislative process 

17

What are the Civil War Amendments

13th

14th

15th

18

13th Amendment

Bans slavery

19

14th Amendment

Prohibits states from violating Due Process, Equal Protection, and Privilegs and Immunities

20

15th Amendment

Bans race discrimination in voting

21

To validly enforce the Fourteenth or Fifteenth Amendment, Congress must show that 

  1. state governments have engaged in widespread violations of the amendment; and

  2. the legislative remedy is “congruent with and proportional to” the violations. 

22

Delegation Power

Congress can create an agency and gives that agency the power to make rules that have the force of law

 

*There must be some intelligible principle guiding the agency