7.3 Powers and Limitations of Legislatures

Congress wields significant power through enumerated and implied authorities. From declaring war to regulating commerce, these powers shape our nation. But checks and balances ensure Congress doesn't overstep, with presidential vetoes and judicial review keeping it in check.

State legislatures have broad authority too, but within limits. They can make laws for health and safety, but federal laws can override state ones. Local governments often have less power, needing state permission for many actions.

Powers of Congress

Enumerated and Implied Powers

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• Enumerated powers explicitly listed in Article I, Section 8 of the Constitution
• Includes authority to declare war, coin money, and regulate commerce
• Implied powers derived from the Necessary and Proper Clause
• Necessary and Proper Clause allows Congress to make laws "necessary and proper" for executing enumerated powers
• Expands congressional authority beyond explicitly stated powers
• McCulloch v. Maryland (1819) established broad interpretation of implied powers

Commerce and Fiscal Powers

• Commerce Clause grants Congress power to regulate interstate and foreign commerce
• Broadly interpreted to allow regulation of activities affecting interstate commerce
• Gibbons v. Ogden (1824) established expansive view of commerce power
• Taxing power authorizes Congress to levy and collect taxes
• Spending power permits Congress to allocate funds for general welfare
• United States v. Butler (1936) interpreted spending power broadly

War and Foreign Affairs Powers

• War powers include declaring war and raising/supporting armed forces
• President serves as Commander-in-Chief, but Congress controls military funding
• War Powers Resolution of 1973 limits presidential use of armed forces without congressional approval
• Foreign affairs powers involve regulating foreign commerce and immigration
• Treaty-making power shared with the President, requiring Senate ratification

Limitations on Legislative Powers

Constitutional Constraints

• Constitution establishes framework limiting congressional authority
• Separation of powers divides government into three branches (legislative, executive, judicial)
• Checks and balances system allows each branch to limit others' powers
• Congressional limitations include presidential veto and judicial review
• Bill of Rights restricts Congress from infringing on individual liberties
• First Amendment prohibits laws establishing religion or abridging free speech

Structural and Procedural Limitations

• Bicameral legislature requires both houses to pass legislation
• Quorum requirements ensure minimum participation in legislative process
• Presentment Clause mandates presidential review of legislation
• Congressional rules and procedures (filibuster in Senate) can impede lawmaking
• Term limits for representatives (2 years) and senators (6 years) promote accountability

Federalism and States' Rights

• Tenth Amendment reserves powers not delegated to federal government to states
• Dual sovereignty principle limits federal encroachment on state authority
• Anti-commandeering doctrine prevents federal government from compelling state action
• Printz v. United States (1997) struck down federal law requiring state officials to conduct background checks

State and Local Legislative Powers

State Constitutional Authority

• State constitutions define powers of state legislatures
• Plenary power allows state legislatures to legislate on any topic not prohibited
• Reserved powers under Tenth Amendment grant broad authority to states
• Police powers enable states to regulate for health, safety, and welfare
• Concurrent powers shared between federal and state governments (taxation)

Local Government Powers

• Dillon's Rule limits local government authority to powers explicitly granted by state
• Originated from John Dillon's 1868 treatise on municipal corporations
• Restricts local governments from exercising powers not expressly delegated
• Home rule provisions in state constitutions grant local governments more autonomy
• Allows local governments to adopt charters and exercise self-governance
• Varies by state, with some granting broad home rule authority and others maintaining strict Dillon's Rule

Intergovernmental Relations

• Preemption doctrine allows federal laws to supersede conflicting state laws
• Cooperative federalism encourages collaboration between federal and state governments
• Block grants provide federal funding to states with fewer restrictions
• Unfunded mandates impose federal requirements on states without providing funding
• Unfunded Mandates Reform Act of 1995 aims to limit unfunded federal mandates on states