Next, examining Congress’ taxing power, Article 1, section 8 states that Congress shall have the power to lay and collect taxes, duties, imposts, and excises to pay the debts and provide for the common defense and general welfare of the US. Congress taxing power is broad and comprehensive, giving the power to tax activities it cannot authorize, prohibit, or control. Congress’ taxing power is limited by general welfare, which has yet to be defined. Congress’ spending power is not broad and is subject to 4 limitations: 
(1) expenditures must be made for general welfare, 
(2) conditions on receiving federal funds must be unambiguous so states are aware of choice, 
(3) expenditures must be made in a particular federal interest in national projects or programs, and 
(4) constitutional provisions may provide a bar to federal fund grants. Under the anti-commandeering doctrine, Congress may encourage states to follow law, but it cannot commandeer, compel, or coerce them to act or not act. For validation under the 10th amendment, the law must leave the states with a choice. For a valid exercise of the taxing and spending power, the necessary and proper clauses analysis must be applied. Also, the statute must accommodate state interests and the link between the statute and Article 1 power must not be too attenuated.

Taxing Powers

Congress’ 13th, 14th, & 15th amendments enforcement powers must be analyzed. 13th amendment: Congress has the power to regulate private discriminatory conduct. Congress may regulate government or state action under 14th & 15th amendments. The 14th amendment requires governments to follow due process and avoid racial discrimination. Governments are required to avoid racial discriminatory voting practices under the 15th amendment. These amendments gave Congress the power to enforce these articles by appropriate legislation, with a purpose to rectify slavery and provided Congress enforcement powers.

13th, 14th, & 15th Amendments

The enforcement powers of Congress have a broad and narrow view. Under the broad view, the drafter intended to give Congress enforcement powers the same level of powers expressed for the necessary and proper clause. Legislation that deters or remedies constitutional violations may be within the scope of Congress’ enforcement power even though in the process it prohibits behavior which is not itself discriminatory and intrudes on the legislative authority given to the states. Enforce by appropriate legislation may mean: to declare, decide, or determine, to create, or to remedy. Congress may expand the scope of statutory rights or create new rights not found in the Constitution. Congress may not dilute or diminish existing Constitutional rights. When Congressional actions may not be appropriate, they may be justified by exceptional conditions. Extraordinary remedies for exceptional conditions must be temporary. The narrow view limits Congress’ enforcement power. Enforce by appropriate legislation only means to prevent or remedy. Nonetheless, to be a valid exercise of Congress’ enforcement power, the necessary and proper clause analysis must be applied.

Enforcement Powers

Class 4: the judicial class. The court typically defers to executive authority during theaters of war, national security, and foreign affairs. In the 20th century, the court deferred to the president granting him plenary power in these areas, whereas the court’s deference for war time powers has been reduced and viewed more critically. The court still gives high deference to executive acts regarding foreign affairs and only limiting powers exercised in furtherance of national security on a rational basis test.

Class 4 Rules

Now, the court has moved towards balancing the executive interests of absolute Presidential immunity with fair judicial administration. Presidential immunity exists over official acts but not unofficial or private acts by the President. The Nixon rule states that the court has the power to declare the law and the president may not circumvent or dimmish that power. Due process demands that for fair judicial administration, in criminal proceedings, the court must have access to all related information. Thus, the President is subject to state criminal subpoenas. (Trump v. Vance). The President may also be subject to Congressional subpoenas per Congress’s implied power to legislate. In determining if congressional subpoenas are related to and in furtherance of a legitimate task of Congress, 4 factors are considered: 
(1) Congress may not rely on the President’s information if other sources could reasonably provide such information. 
(2) The subpoena is no broader than necessary. 
(3) The nature of the evidence produced by Congress to establish the subpoena advances a legitimate valid legislative purpose. 
(4) The Court’s consideration of the subpoena’s burdens imposed on the President.

Executive Interests

Next, Dormant Commerce is an implied rule from a congressional grant of power to regulate interstate commerce under the Commerce Clause. When regulation is a local concern, the impact incidental on interstate commerce, and there is a slight consequential incentive on national matters, the law is within state’s authority to legislate. The law may be challenged if unduly and substantially burdensome on interstate commerce (Pike). The 5-factor balancing test to determine if the law is protectionist in nature or discriminates against out-of-staters to the detriment of interstate commerce are: 
(1) is law subject local rather than national, 
(2) is law a valid exercise of police power, meaning law’s objective was in safety, health, morals, or general welfare of citizens, if yes no bar on law, 
(3) does law burden interstate commerce, 
(4) does law benefit the state, and 
(5) Does the law discriminate against out-of-staters?

Dormant Clause

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lets work

This opening episode gives parents the opportunity to identify with the different styles of parenting to better their understanding of their own parenting style and further engage in the conversation.

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