Con Law -- Federal Legislative Power

Front 1

Federal Legislative Power (Congress) -- Police Power

MILD

Back 1

1) Military
2) Indian territories
3) lands, federal (MILD)
4) District of Columbia

Front 2

Federal Legislative Power (Congress) -- Authority to Act

Back 2

Must be express or implied

Front 3

Federal Legislative Power (Congress) -- Necessary and Proper Clause

Back 3

[McCulloch v. Maryland]

Front 4

Federal Legislative Power (Congress) -- Taxing/Spending Power

Back 4

if for general welfare

Front 5

Federal Legislative Power (Congress) -- Commerce Power
(3)

Back 5

1) Channels of interstate commerce (highways, waterways, internet)
2) Instrumentalities of interstate commerce (persons, trucks, internet)
3) Economic activities that have substantial effect on interstate commerce

Front 6

Federal Legislative Power (Congress) -- Tenth Amendment

Back 6

Limit on Congressional powers.

Tenth Amendment reserves all power not granted to U.S. for the states or people. Qw
1) Congress cannot compel state regulation or legislative action (but it can "condition" grants)
2) Congress may prohibit harmful activity by state govs

Front 7

Federal Legislative Power (Congress) -- Section 5 of Fourteenth Amdendments

Back 7

Congress may not create new rights or expand scope of rights.

Can only prevent or remedy violations of rights recognized by courts.

Congressional acts must be "proportionate" and "congruent" to remedying constitutional violations.

Front 8

Federal Legislative Power (Congress) -- Delegation Powers

Back 8

No limit on Congressional right to delegate power (like to an agency).

BUT Congress cannot delegate executive powers to itself

Legislative vetoes --> always unconstitutional Line item vetoes --> always unconstitutional

Front 9

Federal Legislative Power (Congress) -- How to avoid legislative veto

Back 9

1) Bicameralism -- passage by both House and Senate
2) Presentation to President

Front 10

Federal Legislative Power (Congress) -- How avoid line-item vetoes

Back 10

Pres must sign or veto bill in entirety