Federalism and Congress/State Power:
Federalism Generally:
Federalist system means Federal Government and State Government coexist.
There are limits on the powers of both federal and state governments.
2 requirements for action by federal govt. to be valid:
The power must fall w/in one of powers specifically enumerated in Con
The power must not violate any limitation on federal power in Con
Limited Powers of Federal Government:
Article 1, Section 8 lists most of the enumerated powers for fed. govt.
Taxing/Spending for the General Welfare (only provision w/ GW)
War Power (provide for defense of nation)
Borrow money on the credit of the US
Interstate Commerce Power
Regulate immigration and bankruptcy
Establish post offices
Control the issuance of patents and copyrights
Declare war
Pass all laws for DC and federal military enclaves
Make all laws necessary and proper for executing any of these powers and other powers mentioned in Constitution (Necessary & Proper Clause)
Article 2 defines powers and duties of President
Article 3 gives Congress the power to control SC jurisdiction
Many amendments give Congress the power to enact supporting laws
Congress implicitly regulates foreign affairs b/c States have no interest
NO general federal police power in Constitution (must fall w/in one of above)
Limited Powers of State Govt:
State powers are not derived from Constitution…they are “inherent”
An action by a state government is valid under federal law unless it violates some specific limitation imposed by the US Constitution
State has Police Power to protect the health, safety or general welfare of state residents.
State action will be valid under federal law unless the Constitution gives power to Congress (state action can’t conflict w/ a constitutional federal enumerated power)
Doctrine of Implied Powers:
Congress may exercise power ancillary to an express power as long as it doesn’t conflict with an express Con prohibition (e.g., Bill of Rights)
Basically saying that particular powers can be implied from specific Con grants of other powers
McCulloch v. Maryland (Opinion by Marshall)
Congress charters Bank of US and opens branch in MD. MD tries to tax it.
Rule: If Congress employs a means which is not prohibited by the Constitution and which is rationally related to an objective that is w/in a constitutionally-enumerated power, the action is constitutional.
**Court finds that Congress chartering the Bank (means) was incidental to carrying out the enumerated power of raising revenue (objective).
**Court finds that Necessary and Proper Clause does not mean absolutely necessary, but only needs to be incidental to carrying out the objective w/in the enumerated power.
**Must be clear that the objective being pursued is one which Congress has no power in order for Court to strike down Congressional Act.
**Bank is valid and tax is invalid b/c it interferes w/ a valid federal activity
The Term Limits Problem:
Individual states generally have no power to restrict the federal government from using their enumerated powers to enact legislation unfavorable to them.
To solve this problem, States tried to limit the terms of Congressmen, in order to cycle out disfavored legislators.
US Term Limits v. Thornton
Voters of AR tried to limit the term members of Congress
Rule: States may not limit the terms of members of Congress.
**Court gives 4 reasons for its holding:
Congress can’t add to Qualifications Clause so neither can States
10th Amendment doesn’t apply b/c it isn’t an “original power” (no Congress before Constitution was made)
Framers obviously considered requirements b/c they added them and this isn’t one of them
People should be free to choose the members and not the States (otherwise it is reinstating the Articles of Confederation)
The Federal Commerce Power:
Commerce Clause Generally:
Article 1, Section 8: Congress has the power “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Congress’s power to regulate “among the states” is what is important b/c states have no interest in regulating “foreign nations” or “Indian tribes”
CC serves 2 functions:
1. It acts as a source of congressional authority, and
2. It acts, implicitly, as a limitation on state legislative power
Pre-New Deal and the CC (1824-1936):
Gibbons
Second phase of Acts was to benefit workers (NIRA, FLSA)
CC is in an ambiguous state
Congressional Attempts to Regulate Working Conditions
Schechter Poultry v. US (Sick Chicken Case)
Congress enacts National Industrial Recovery Act, which imposed codes of fair competition in each state. Schechter was found to violate the wage, hour, and trade provisions of the NY code. Schechter bought and sold all its poultry in NY.
Rule: Unless a local activity is either within the current of interstate commerce or directly affects interstate commerce, Congress has no power to regulate it.
**Court finds that none of Schechters poultry went beyond NY borders.
**Court finds that Schechter’s hours and wages did not directly affect commerce.
If hours and wages were found to directly affect commerce b/c it affected the pricing of similar interstate goods, there would be no end to Congress’ power
Carter v. Carter Coal
Act regulated maximum hours and minimum wages for workers in coal mines.
Rule: No commerce power if a local evil does not directly affect interstate commerce
Congress is trying to regulate “production” of goods
Production (employer-employee relations) is a purely local activity
Therefore, there must be a direct affect on interstate commerce
**Act struck down. Complete blow to New Deal efforts. SC reforms itself
The Modern Trend of the CC:
Since NLRB case, Court upholds pretty much all commerce-based laws and Lopez case is the only case that has been struck down since 1937
4 Theories commerce-based legislation may be premised on:
The activity being regulated “substantially affects” IC
The activity being regulated has a “cumulative effect” on IC
The activity being regulated protects “commerce-prohibiting”
Theory of Congress Power under CC
