Conlaw Federal Legislative Branch

Front 1

Supremacy clause

Back 1

A valid act of congress supercedes any state or local action that conflicts
Any action that interferes with a federal objective is also countered
Additionally, if congress intended to “occupy” an entire field of law, states cannot make laws in that area.

Front 2

Inherent federal powers

Back 2

foreign relations, citizenship, anything that might touch upon foreign relations

Front 3

Exclusive state powers

Back 3

any thing that is not prohibied to them by the 10th amendmet (however, little state power is exclusive today)

Front 4

Necessary and Proper

Back 4

Article I §8- Congress can make laws that are deemed necessary and proper to execute its other enumerated powers

Front 5

McCullouch v Maryland (1819)

Back 5

Under the necessary and proper clause, Congress had the power to make its own bank to execute its other enumerated powers. Maryland, in a federalist society, does not have the ability to tax the bank because Federal Laws based in the Consitution > State laws
The federal government is independant of state governments. The federal government does not derive all its powers to govern directly at the whims of the state.
Uses Necessary and proper clause- the bank is an appropriate exercise of its power to enforce its enumerated powers
"The federal government has the power to make all laws necessary for carrying into execution ANY power to ANY branch of the federal government

Congress could, for example, create a national bake sale to support the army and navy should they so choose"

Front 6

Police power

Back 6

Congress generally lack this. They are limited to actions ONLY cited in the Constitution...in contrast, state governments can do whatever is NOT PROHIBITED BY CONSTITUTION

Front 7

What may congress tax and spend for?

Back 7

"The general welfare. Any tax to raise revenue, or any spending power to support the general welfare
"

Front 8

U.S. v Butler (1936)

Back 8

Congress may not pretend to use the taxing power to accomplish prohibited ends, such as the regulation of state concerns under the 10th amendment and anything else clearly beyond its national powers. (Historical case... looking at agriculture as production rather than commerce)

Front 9

Spending power

Back 9

"The power delegated to congress by the Constitution to spend money to provide for the nation’s general welfare

Does not provide for caring for a particularized welfare that goes beyond the commerce clause or other section of the Constitution"

Front 10

South Dakota v. Dole

Back 10

Congress may withold federal highway funds to states with a minimum drinking age of less than 21 years old. Congress may use its spending power to induce cooperation by states in areas it cannot regulate directly. It can cooerce the states through funding, but cannot legislate that something MUST be done (regulation with a carrot)

Front 11

NY. v United States 1992 (10th Amendment)

Back 11

The federal government may not tell a state that it has to enact legislation. The Fed may give incentives to fall in line with a law, or to allow states to defer to a Federal law, but cannot coerce a state into legislation through penalties and negative treatment.

Front 12

Printz v US 1997 (10th Amendment)

Back 12

The Federal government cannot issue directives requiring the states to address particular problems (compel state actors to enforced federal regulations. This is because it is entirely an intrastate issue (Brady Act requiring background checks on guns)