Necc. & Proper

Question 1

When can Congress act?

Answer 1

Congress may act only if express or implied authority in Const (Art. I § 8,18)

Question 2

When evaluating Act of Congress…

Answer 2

1) Does Congress have authority under Const. to legislate (Art. I, § 8, 18)
2) Does it violate another const. provision or doctrine? (Ex. sep. of powers, Ind. Liberties)

Question 3

N&P Clause

Answer 3

“Leg. Branch has power to make all laws necessary and proper to execute the foregoing powers expressed in the Const.”

-Creates implied powers

(McCulloch)

Question 4

McCulloch v. Maryland

Answer 4

Federal Gov. creates federal bank and Maryland wants to tax

• Can they create bank?
• Can Maryland tax?
• Can SC review? (Marbury)
• Fed. Gov. Supreme over state
• State cannot can’t burden or interfere w/ federal operations
• Under N&P clause Congress has ability to choose means and methods for carrying out enumerated powers

Question 5

Means and Methods Requirements

Answer 5

• Under N&P clause Congress has ability to choose means and methods to legitimate “end”. 3 Requirements
• Plainly adapted to that end
• Not prohibited by Const.
• Consistent w/ letter and spirit of Const.