Chapter 3: Congress Powers

A case in which the plaintiffs injury no longer exists is

moot

Which two elements of standing are relaxed in procedural standing cases

redressability, causation

to have standing a plaintiffs injury must be

immediate or actual, concrete and particularized

What 3 categories may congress regulate under the commerce clause

channels, instrumentalities, pre-existing intrastate economic activity that in the aggregate that substantially effect interstate commerce

Where is the commerce clause found in the constitution

Article 1 section 8

To be justiciable a matter must present a ____ or ____

case or controversy

Name one example of an activity congress cannot regulate under the commerce clause

gender based crimes, things that have nothing to do with the economy, non-activity, family relationships

What is the term for seeking a judicial opinion before a law is passed

advisory opinion

Name 2 types of constitutional interpretation

structuralism and textualism

What is the term for the process by which a court considers the constitutionality of a law

judicial review

What powers does Congress have under Article I, Section 8 regarding taxes?

Congress may lay and collect taxes, duties, imposts, and excises.

Define “duty,” “impost,” and “excise.”

Duty = tariff; Impost = fee on a transaction; Excise = tax on a specific sale.

What is the difference between taxing power and spending power?

Taxing power = money coming in through taxes; Spending power = money going out for federal programs.

What are the three key limits on Congress’s taxing power?

(1) Bad motives don’t invalidate a tax, (2) Taxes may incentivize behavior if they raise revenue, (3) A tax is invalid only if it functions solely as a penalty.

What does Congress’s spending power allow it to do?

Pay debts, provide for common defense, and promote general welfare by spending money.

Can Congress regulate the general welfare directly?

No. Congress may spend for the general welfare but not regulate it (most general powers belong to the states).

What was held in Marchetti v. United States?

An occupational tax violated the 5th Amendment’s self-incrimination clause.

What factors distinguish a tax from a penalty?

(1) Size of payment, (2) Presence of scienter, (3) Enforcement agency (IRS).

What is the Spending Power under Article I, Section 8?

The power of Congress to pay debts and provide for the common defense and general welfare by spending federal money.

What rule came from Butler?

Congress cannot use the taxing power to coerce compliance in areas reserved to the states, like agriculture.

What rule did the Court establish in NFIB v. Sebelius?

Congress may encourage state compliance with funding conditions but may not coerce states by threatening significant existing funding.

What principle about the Spending Power was reinforced in NFIB v. Sebelius?

Spending cannot be coercive; states must have a rational, voluntary choice to participate.

How did the Court distinguish between direct taxes and excises?

Direct taxes are on property ownership (must be apportioned). Excises are on transactions or accessions to wealth (must be uniform).

What are the two types of federal taxes?

(1) Excise → tax on use/transactions (uniformity required).
(2) Direct tax → tax on possession of property (apportionment required).

What constitutional test did the Court establish for spending conditions?

The “Dole Test” (5 parts):

1. Spending must promote the general welfare.

2. Conditions must be unambiguous.

3. Conditions must be related to the federal purpose.

4. Conditions must not violate other constitutional provisions.

5. Conditions must not be coercive.

What was the Court’s ruling on Congress’s power under the Property Clause?

Congress has plenary power to regulate federal lands, including protecting wildlife, even against conflicting state law.

the power to tax is the power to _____

destroy

Congress may incentivize behavior through spending so long as the spending program does not ____ states

coerce

t/f the necessary and proper clause is an enumerated power

false

Name one factor that distinguishes a tax from a penalty

size of the penalty (amount), scienter, agency of enforcement

Direct taxes must be _____ and excise taxes must be ____

apportioned, uniform

T/F congress may regulate the effects of war even after the war is over

True

What powers related to war are granted to Congress in Article I, §8?

Declare war, raise/support armies, provide/maintain a navy, regulate land/naval forces, call up the militia.

What principle does this Selective Draft case establish?

Congress can compel military service as part of its constitutional war powers.

What authority does the president have under Article II, §2?

To make treaties with the advice and consent of 2/3 of the Senate.

How are treaties enforced in relation to state law?

Under the Supremacy Clause (Art. VI), treaties are the supreme law of the land and can override state law.

What are the two types of treaties?

• Self-executing: Take effect without further legislation (minority).

• Non-self-executing: Require congressional action to take effect (majority).

How did the Court rule in Missouri v. Holland?

Treaty and implementing law were constitutional; federal treaty power can override state law when addressing national concerns.

What is a key limitation of the treaty power?

Treaties cannot authorize actions that are expressly prohibited by the Constitution.

What constitutional provisions give Congress power to enact a draft?

Article I, §8 powers to “declare war,” “raise and support armies,” and “make all laws necessary and proper.”

How is the “army power” different from the “militia power”?

The militia power is limited to insurrections/invasions; the army power allows raising national forces directly from citizens.

What does the Eleventh Amendment prohibit?

Suits in federal court against a state by citizens of another state or foreign country (expanded to include suits by a state’s own citizens).

What case extended the Eleventh Amendment to suits by citizens against their own state?

Hans v. Louisiana (1890).

Does the Eleventh Amendment apply to suits brought by states?

No, it only limits suits against states

What is the “anti-commandeering” principle?

The federal government cannot compel states to enact or enforce federal regulatory programs.

Name three key exceptions to state sovereign immunity under the Eleventh Amendment.

(1) State waives immunity (consents to suit); (2) State officials can be sued for prospective injunctive relief; (3) In limited cases, Congress may abrogate immunity when state acts as a market participant.

Can Congress abrogate state sovereign immunity using Article I powers?

Generally no, per Alden v. Maine and Seminole Tribe, except for narrow areas (bankruptcy, eminent domain, war powers).

Under what constitutional provision can Congress abrogate state immunity?

Section 5 of the Fourteenth Amendment.

What must Congress show to abrogate state immunity under the Fourteenth Amendment?

A pattern of state violations and remedies that are “congruent and proportional” to those violations.

What is the main workaround for state immunity when suing for constitutional violations?

Suits against state officials for prospective injunctive relief under 42 U.S.C. §1983.

Why are alternatives to damages not a complete substitute?

They may deter violations less, provide limited relief, or lead to underenforcement due to limited federal resources.

Name three Article I powers where Congress may authorize private suits against states.

(1) Bankruptcy Clause; (2) Eminent Domain for federally approved condemnations; (3) War powers (“raise and support Armies” / “provide and maintain a Navy”).

What does the Tenth Amendment state?

Powers not delegated to the U.S. by the Constitution, nor prohibited to the states, are reserved to the states or the people.

How did Garcia redefine state sovereignty under federal law?

States retain sovereignty only where the Constitution does not transfer power to the federal government; federalism is protected primarily by the political process.

What principle did New York v. United States establish?

Congress cannot “commandeer” state legislatures to enact or enforce a federal regulatory program.

What did Printz v. United States (1997) decide about the Brady Bill’s background checks?

Congress cannot require state executive officials to administer federal programs; Necessary and Proper Clause does not authorize commandeering state officers.

What is the anti-commandeering principle?

Congress cannot directly compel state legislatures or executive officials to enact or administer federal regulatory programs.

How does preemption differ from commandeering?

Preemption bars conflicting state laws under federal supremacy; commandeering forces states to act or regulate, which is unconstitutional.

What did U.S. Term Limits v. Thornton (1995) say about state power?

The Tenth Amendment only reserves pre-existing state powers; states cannot “reserve” powers they never had.

Are state courts required to hear federal claims?

Yes, under Testa v. Katt, state courts must hear federal claims to the same extent they hear similar state-law claims.

Under the 10th amendment congress cannot _____ state actors

commandeer

T/F Congress’s treaty power is enumerated in Article 1 section 8

false (Art. 2 section 2)