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CON LAW, First Amendment - Coggle Diagram

- - - - (1)Extends to international affairs (2) appointment power to nominate and appointment ambassadors, justices of the Supreme Court and all other officer (3) Veto power Caveat: President has 10 days to act upon legislation. (4) Pocket Veto bill passed within 10 days of the end of the congressional term by not signing it. Caveat Congress has the power to override a veto by a 2/3rds of both houses and congress a line item has been held unconstitutional- only congress has the power to amend legislation to delete provisions (5) Congress can enact legislation that delegates rule making power to an excutive or an administrative agency in designated areas (6) Pardon power and executive privilege (6) President has power to deply military forces Caveat** President can not declare war (7) President can make treaties with foreign nations with 2/3rds consent of the Senate.
    - - (1) Make laws (2) Right to investigate and conduct hearings in an effort to make law as well as consider matters upon legislature enacted (3) Implied Power bestowed by the Necessary and Proper Clause to make all laws which shall be necessary to carry out specific powers: Legislative, commerce, taxing, spending, war and defense, investigatory power, power to obtain property, eminent domain, admiralty, bankruptcy, postal, copyright and patent, speech and debate and Civil war amendments
        
        Commerce power, taxing power, eminent domain=takings
        
        Commerce Clause: Gives congress the power to regulate channels of interest commerce such as highways, waterways & air traffic: instrumetalities of interstate commerce (cars, trucks, ships and airplanes. substantial ecomnomic effect upon interstate commerce
        
        Substantial effects test= regulated activity is ecomonic in nature and when taken cumulatively through the nation will ave will have a substantial effect on commerce.
        
        Dormant Commerce Clause= limitations on state power. If the state law discriminates on its face between in state and out of state ecomnomic actors the state must show that the regulation serves a compelling state interest and regulation is narrowly tailored to serve the compelling state interest. If incidentally burdens interstate commerce must show the regulation serves an important state interest and the burden on interstate commerce is not excessive in relation to the interest served.
        
        Supremacy Clause= fed law supersedes any state law with which it is in direct conflict. Fed law preempts state law in any area in which the exercise of fed power is constitutional (Ex. Federally mandated cigarette package warnings.