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What can Congress do?
Delegate their power to the President
Do what is necessary and proper to execute their congressional powers
Establish lower courts and jurisdictions
Determine what KIND of cases or the SCOPE of what the Supreme/Lower courts can hear on review
What Congress CANNOT DO [8 things]
CANNOT enlarge or restrict ORIGINAL jurisdiction - cannot send a case DIRECTLY to the Supreme Court
CANNOT tell the the Supreme Court what to do
CANNOT pass laws that discriminate against individuals (5A - SDPC)
CANNOT pass a law that IMPOSES PENALTIES on SPECIFIC individuals or groups of people (NO bill of attainders)
CANNOT pass laws for general health, safety, welfare. ONLY STATES can pass laws for general health, safety, and welfare
CANNOT be sued for tort liability for statements made on the floor on Congress. PROTECTS LAW CLERKS WORKING ON IT TOO
CANNOT limit president’s power to appoint ambassadors (can’t give him a list to pick from)
CANNOT PUT CONDITIONS ON RECEIPT of federal funds
The President MUST
Take care and abide by laws created by Congress
President’s Powers [6 powers]
Vetos laws
Commands the Army
Make Executive Agreements (Treaties) and Executive Orders (domestic)
Pardon Federal Crimes - can only pardon FEDERAL CRIMES, NOT STATE CRIMES
Represent U.S. in Foreign Affairs
The present appoints ANYONE WITH REGULATORY POWERS and creates commissions with the advice and consent of the Senate
Who has regulatory power and must be appointed by the President?
Judges, ambassadors, heads of agencies
Congress can appoint who?
Lower level employees WHO DO NOT HAVE REGULATORY POWER - cannot make rules, prosecute, or regulate
Removal of Appointees
President may remove appointees without consent of the Senate
Congress CANNOT remove appointees or condition appointees removal on their approval
President cannot automatically?
Cannot automatically appoint nominees. Congress MUST consent or waive
Congress’s Powers [8 powers]
Tax and Spend - must tax and spend for the general welfare. Ability to tax is plenary and a tax measure if upheld if it’s goal is generating revenue
Regulate interstate commerce/commercial activity. Congress can regulate shipping, selling, or making any product. If Congress specifically passes a federal statute that gives a city regulatory authority, it removes any constitutional impediments to it that MAY have otherwise existed
Most things foreign including declaring war and regulating immigrants
Coin money
Federal land (including DC)
Provide Uniform Rules of Bankruptcy
Create lower courts
Pass laws that regulate property in the US