Congress didn’t have power to pass the law (reserved to states under 10th am)
a.  commerce clause 1.8.3
1.  “commerce” is broadly defined per Gibbons v. Ogden
2.  congress can regulate:
a.  use of channels of IS commerce
b.  instrumentalities of IS commerce (things in or will someday be in IS commerce)
c.  activities that substantially affect IS commerce (Wickard cumulative effect)  + N&P clause
b.  general welfare
1.  1.8.1 tax/spend
a)  revenue:  1.8.1
b)  revenue w/ incidental regulatory measures:  1.8.1. + N&P (McCullough let the ends be legit, let them be within the confines of the C, and all means which are n&p can be used to carry them out)
c)  primarily, facially regulatory:  unC’al unless you have en power + N&P
regulatory on its face?  only imposes tax for departing from a specified way of doing bsns
d)  violation of 10th for feds to regulate the states?  yes, but if its just economic inducement its okay SD v. Dole
2.  can’t regulate for GW, only tax/spend
c.  improper procedures
1.  bicam & presentment
2.  treaties:  pres makes, congress consents, pres ratifies;
a)  if non-self-ex treaty, congress can pass legislation to implement Mo v. Holland
b)  but can’t be contrary to express C’al provision Reid v. Covert
3.  war powers
a)  split btwn exec and legis
b)  pres has much de facto power, but Congress can control w/ power of purse and impeachment
c)  not sure if Congress’ or Pres’ power?  look to history and implied consent of congress
4.  executive agreements & foreign affairs powers:  don’t need advice/consent; inherent in executive’s role