Thursday, July 19, 2007

Con Law 2: legislative power

enumerated and implied powers
necessary and proper power
taxing power
spending power: congress may spend for the common defense and general welfare. spending may be for any public purpose.
commerce power: congress has exlusive powerto regulate all foreign and interstate commerce.
C: channels
S:substaintial effect: the court will uphold the regulation if it is of economic or commercial activity and the court can conceive of a reational basis on which congress could conclude that the acitivity in aggregate substaintially affets interstate commerce.
I:instrumentalities/ persons/things
war and related powers: the consitution gives congress power to declare war, raise and support armies, and provide for and maintain a navy.
investigation power:implied.
property power
no federal police power: but semi police power over DC, federal lands, military bases, indian reservations
bankrupcy power: non-exclusive
postal power: exclusive
legislative veto of executive actions : try to avoid bicameralism or presentment; invalid

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