Enumerated Powers of Article I Section 8

1

The power to tax and spend for the general welfare.

2

The power to borrow money on the credit of the United States.

3

The power to regulate commerce with foreign nations and among the states.

4

The power to establish naturalization and bankruptcy laws.

5

The power to coin money and regulate its value.

6

The power to establish post offices and regulate its value.

7

The power to grant patents and copyrights.

8

The power to constitute federal courts below the Supreme Court.

9

The power to declare war, raise and support armies and maintain a navy.

10

The power to call forth the militia to execute federal laws, suppress insurrections and repel invasions.

The Full Faith and Credit Clause

Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state. (Ex: Marriages legally performed in one state are recognized in others, as established by Supreme Court rulings.)

Privileges and Immunities Clause

Mandates that states must treat residents and non-residents equally regarding fundamental rights, preventing discrimination against out-of-state citizens. It fosters national economic unity and interstate comity by protecting rights like property ownership, traveling, and conducting business.

Neccesary and Proper Clause

Located in Article I, Section 8, Clause 18 of the U.S. Constitution, authorizes Congress to make all laws "necessary and proper" for executing its enumerated powers and other government responsibilities. Also known as the "elastic clause," it enables implied powers, allowing Congress to pass laws needed to carry out duties not explicitly listed, such as creating a national bank.

Supremacy Clause (Article VI)

It declares that federal law takes precedence over state law when the two conflict.

Nondelegation Doctrine

The nondelegation doctrine is a constitutional principle, rooted in the Article I Vesting Clause, stating that Congress cannot delegate its legislative powers to the executive branch, administrative agencies, or private entities. Its purpose is to ensure accountability, maintain the separation of powers, and prevent the executive from making law. While often used to challenge broad regulatory authority, the Supreme Court rarely strikes down laws on this basis, typically allowing delegations if Congress provides an "intelligible principle" to guide the agency.

Commerce Clause (Article 1, Section 8)

Congress can regulate trade between nations, between states, and among Indian tribes.

"Aggregate Effects" Doctrine (Commerce)

Under the Commerce Clause, holding that Congress may regulate local, intrastate economic activity IF the cumulative, nation-wide impact of that activity substantially affects interstate commerce.

Justice Robert Jackson's concurring opinion in Youngstown Sheet & Tube Co. v. Sawyer (1952) established what?

A seminal three-part framework for evaluating the constitutionality of presidential actions based on their relationship with congressional authority. This framework categorizes executive power into maximum authority (with Congress), a "zone of twilight" (congressional silence), and minimum authority (against Congress), acting as a key tool for judicial review of executive actions.

Justice Jackson's Framework pt2

Zone 1: Maximum Authority (The Zenith): When the President acts pursuant to an express or implied authorization from Congress, their power is at its peak, combining their own constitutional powers with delegated authority.

Zone 2: The "Zone of Twilight" (Concurrent Power): When Congress is silent, the President acts in a gray area where power is uncertain. Authority here depends on the, "imperatives of events and contemporary imponderables" rather than abstract theories.

Zone 3: Lowest Ebb (Minimum Power): When the President acts against the express or implied will of Congress, their authority is at its lowest, as they can only rely on their constitutional powers minus any powers Congress has over the matter.

Arbitrary and capricious review

Legal standard under the Administrative Procedure Act (APA). Where courts invalidate agency actions that are willful, unreasoning, or lack a rational connection to the facts. It requires agencies to show their work by examining relevant data and providing a rational explanation for their decisions.

Cheveron Deference Doctrine

Was a 40-year-old Supreme Court precedent (1984-2024) requiring federal courts to defer to an agency's reasonable interpretation of ambiguous federal laws. It operated via a two-step framework: assessing if Congress spoke directly to the issue, and if not, whether the agency's interpretation was permissible. (Purpose: Allowed expert administrative agencies to fill gaps in legislation where Congress was ambiguous or silent.)

Implied Powers Doctrine

Upheld in Mcculloch v. Maryland, gives congress the power to do anything reasonably related to carrying out the expressed powers (enumerated)

Interstate Commerce

Economic activity that crosses state lines or directly affects trade between states.

Intrastate Commerce

Economic activity that occurs entirely within one state.

"Intelligible principle"

An intelligible principle is a clear standard or guideline that Congress must give when it delegates authority to the executive branch or an agency. (It tells the delegate what to do, how far it can go, and for what purpose.)

Live Poultry Code

A part of the National Industrial Recovery Acts (NIRA) the Live Poultry Code required Minimum wages, maximum hours, prohibited certain sales practices (like allowing buyers to pick individual chickens)

National Recovery Act (NIRA)

Passed in 1933. This act let the President approve "codes of fair competition." These codes regulated: wages, hours, prices, businesses practices.