Con Law - Legislative Powers

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Author:
richardlpeterson
ID:
131248
Filename:
Con Law - Legislative Powers
Updated:
2012-01-28 18:18:34
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VA barbri
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Con Law - Legislative Powers
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  1. Generally
    • no police power
    • all federal power must relate in some way to an express grant of power in const
    • Examples of enumerated powers - admiralty, citizenship, bankruptcy, federal property, patents, copyright, post offices, coining money, territories, DC, war, raising/supporting armies
    • Most testable: power to regulate interstate commerce, to tax and spend for the general welfare, and, secondarily, to enforce the 13th/14th/15th Ams
    • All of Congress' express powers are supplemented by the Necessary and Proper Clause which allows Congress to use all means convenient and useful to carry out the enumerated powers. It is NOT an independent power.
  2. Commerce Power
    • chief source of power to regulate (almost anything)
    • Exs: enact laws related to transportation, wages and hours, the environment, manufacturing, mining, food and drugs, and comms
    • cumulative effects doctrine
    • substantially affect interstate commerce
    • Not unlimited: cant' tell states what laws to enact, can't commandeer state regulatory agencies, can't criminalize behavior which does not in any way relate to commercial or economic activity
    • But can regulate the acts directly, threaten states w/ preemption, bribe states w/ $
  3. Taxing Power
    • Tax and spend for the general welfare
    • may use to regulate and prohibit behavior so long as statute is capable of raising some revenue, such as a prohibitive tax on gambling or goods made by child labor
  4. Spending Power
    • chief source of power to bribe states to do what fed wants them to do
    • A court will enforce a condition against a state which has accepted federal funds if:
    • for general welfare (usu obtains)
    • can't violate individual liberties
    • reasonably related to legit fed interest
    • clear that it is quic pro quo for $
  5. Enforcement of 13th/14th/15th Ams
    • 13th gives Congres power to enforce prohibition of slavery; can be against states; can be used to eliminate "badges and incidents" of slavery
    • 14th applies only to govt acts (not private parties)
    • 15th Am protects right to vote against any federal or state govt racial discimrination, Congress enforces and expansively interpreted
  6. Delegation of Congressional Power
    may broadly delegate power to administrative agencies as long as there is some intelligble principle or some standards to guid the exercise of power
  7. Legislative Veto
    can't reserve itself a one-house, two-house, or committee veto over executive branch actions taken pursuant to delgation - requires new legislation

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