Con Law: Federal Legislative Power/executive Power

Front 1

Congress's authority to act

Back 1

Article I. 1) There must be expressed or implied congressional power. There is no general police power with the exception of MILD. Military legislation, Indian Reservations, Federa Lands and Territories and D.C.

Front 2

Necessary and proper power

Back 2

Congress has the power to make all laws necessary and proper for executing ANY power granted to ANY branch of the federal government. (Must work in conjunction with another federal power).

Front 3

Taxing/Spending Power

Back 3

Congress may tax and spend for the general welfare so long as the taxes bear some reasonable relationship to revenue production or if congress has the power to regulate the activity taxed. Spending may be for any public purpose.

Front 4

The Commerce Power

Back 4

Congress has the exclusive power to regulate all foreign and interstate commerce. The law must regulate 1) The channels of interstate commerce 2) the instrumentalities of interstate commerce and persons or things in interstate commerce or 3) Congress may regulate economic activities that have a substantial effect on interstate commerce (in the area of non-economic activity, a substantial effect cannot be based on a cumulative impact.

Front 5

10th Amendment as a limit on Congressions powers

Back 5

The 10th Amendment states that all powers not granted to the US nor prohibited to the states, are reserved to the states or the people. 1) Congress cannot compel state regulatory or legislative action (although congress can induce state government action by putting strings on grants, so long as the conditions are expressly stated and relate to the purpose of the spending program). 2) Congress may prohibit harmful commercial activity by state governments.

Front 6

Congress' power under section 5 of the 14th Amendment.

Back 6

Congress may not create new rights or expand the scope of rights. Congress may act only to prevent or remedy violations of rights recognized by courts and such laws must be proportionate and congruent to remedying constitutional violations.

Front 7

Delegation of Powers

Back 7

No limits exist on congress' ability to delegate legislative power. (Excessive delegation answer is always wrong) Congress may not delegate executive power to itself or its officers

Front 8

Legislative vetos/line-item vetos

Back 8

Are unconstitutional. For congress to act, there always must be bicameralism and presentment. The president must sign or veto the bill in its entirety.

Front 9

Foreign Policy: Treaties

Back 9

Treaties are agreements between the U.S. And a foreign country that are negotiated by the President and are effective when ratified by the Senate. 1) Treaties prevail over conflicting state laws 2) IF A TREATY CONFLICTS WITH A FEDERAL STATUTE, THE ONE ADOPTED LAST IN TIME CONTROLS 3) If a treaty conflicts with the US Constitution, it is invalid.

Front 10

Foreign Policy: Executive agreements

Back 10

An executive agreement is an agreement between the US and a foreign country that is efective when signed by the President and the head of the foreign nation. Executive agreements can be used for any purpose and prevail over conflicting state laws, but never over conflicting federal laws or the constitution.

Front 11

President's power as Commander in Chief

Back 11

President has broad power to use American troops in forein countries. S.C. Court has dismissed cases regarding this power as a political question.

Front 12

The Appointment Power

Back 12

The president appoints ambassadors, federal judges and officers of the US (senate may advise).

Front 13

Appointment power: Inferior officers

Back 13

Congress may vest appointment of inferior officers in the President, the heads of departments or the lower federal courts. Those officers who can be fired by officers. Congress may not give itself or its officers the appointment power

Front 14

Removal Power

Back 14

Unless removal is limited by statute, the President may fire any executive branch office.

Front 15

Congress and the removal power

Back 15

Congress can limit removal but it must be an office where independence from the President is desirable and Congress cannot prohibit removal, it can limit removal to where there is good cause.

Front 16

Impeachment and removal

Back 16

The president, VP, federal judges and officers of the US can be impeached and removed from office for treason, bribery, or for high crimes and misdemeanors. Impeachment does not remove a person from office, and impeachment by the House of representatives requires a majoriy vote; conviction in the senate requires a 2/3 vote

Front 17

Presidential immunity

Back 17

The President has absolute immunity to civil suit for money damages for any actions while in office. However, President does not have immunity for actions that occured prior to taking office.

Front 18

Presidential privilege

Back 18

The president has executive privilege for presidential papers and conversations, but such privilege must yield to other important government interests. The need for criminal trial outweighs the Presidential privilege.

Front 19

Pardon Power

Back 19

The president has the power to pardon those accused or convicted of federal crime. Exception for impeachment. Pardon is only for FEDERAL criminal liability not state criminal liability and can never pardon for civil liability.