Conlaw Rules 1

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Conlaw Rules 1
2010-07-12 18:37:18
Congressional Powers

Congressional powers
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  1. Commerce clause
    Article I, Section 8, Clause 3 of the Constitution

    Empowers Congress “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

    Thru this power, may regulate:

    • channels
    • instrumentality
    • any activities that substantially affect interstate commerce

    May regulate non-economic intrastate activities if there are actual facts showing that it has a substantial effect on interstate commerce.
  2. Taxation and spending power
    Taxes by Congress upheld if there is a reasonable relationship to revenue production or if Congress has the power to regulate the activity being taxed.

    No burden to show tax is necessary.

    Cannot impose direct taxes (imposed on property or persons individually)

    May not levy excise taxes on goods exported to foreign countries.

    May spend for the general welfare
  3. War and defense power
    Declare war

    Raise and support armies and navy

    Provide for organizing a militia

    Allows for regulation of civilian economy during wartime and post-war period in order to support the military.

    May establish military tribunals.
  4. Property power
    dispose of andd make needful rules respecting territory and other property belonging to the US
  5. Power over citizenship
    Establish uniform rule of naturalization.

    Plenary power over aliens.
  6. Power to enforce 13th 14th and 15th amendments
    13th Amendment: Legislation to eliminate racial discrimination. Includes both private and governmental action.

    14th Amendment: Legislation to enforce equal protection and due process rights. Must be a concgruence and proportionality btwn injury prevented and remedial means adopted.

    15th Amendment: Protection of voting rights.