Powers of Congress: Taxing Power, Spending Power, and Commerce Power [LEAP Preview]
Автор: Studicata
Загружено: 2020-02-26
Просмотров: 47224
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00:00 Overview of Congressional Powers
The video introduces Article I, Section 8, focusing on the four most tested congressional powers: taxing, spending, commerce, and the Necessary and Proper Clause.
01:43 How to Spot an Article I Issue
Explains how to recognize a powers-of-Congress issue on a fact pattern—anytime Congress passes a law, it must be tied to an enumerated power.
04:13 Congress Needs a Constitutional Hook
Emphasizes that Congress can’t pass laws arbitrarily—they must point to a specific power in Article I, Section 8 to justify the law.
05:04 Starting with Legislative Intent
Shows how Congress often begins with an objective (like national healthcare) and works backward to find a constitutional path forward.
07:48 Using the Taxing Power Strategically
Congress uses the taxing power to indirectly encourage behavior, as demonstrated in the Affordable Care Act's individual mandate.
10:45 The Affordable Care Act Upheld as a Tax
Describes how the Supreme Court upheld the ACA not as a mandate but as a valid tax that satisfied the revenue production requirement.
13:40 Limits on the Taxing Power
Cautions that taxes cannot infringe on individual rights, such as freedom of the press or equal protection, as seen in key case law.
16:38 Introducing the Spending Power
Congress can spend for the “common defense and general welfare,” giving it broad authority to fund and influence state behavior.
18:16 Spending Power in South Dakota v. Dole
Explains how Congress indirectly influenced state drinking ages by tying federal highway funds to compliance.
20:00 No General Police Power
Clarifies that Congress doesn’t have a general police power—it must tie actions to taxing or spending authority, not simply “general welfare.”
23:09 Congress Can Incentivize Behavior
Summarizes how Congress can use taxing and spending powers to cleverly achieve legislative goals within constitutional bounds.
24:11 The Commerce Power Defined
Begins coverage of Congress’s power to regulate commerce, particularly foreign and interstate commercial activity.
25:12 Three Categories of Commerce Regulation
Breaks down the commerce power into three areas: channels, instrumentalities, and activities that substantially affect interstate commerce.
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