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Flashcards in Federalism Necessary and Proper Clause Deck (5):

McCulloch v. Maryland

(1) Does Congress have implied constitutional power to create a bank? (2) If so, may individual states tax a federally created bank?

Rule of Law
The Constitution specifically delegates to Congress the power to tax and spend for the general welfare, and to make such other laws as it deems necessary and proper to carry out this enumerated power. Additionally, federal laws are supreme and states may not make laws that interfere with the federal government’s exercise of its constitutional powers.


U.S. v. Comstock (2010)

Can Congress to enact a statute, allowing federal district courts to order the civil commitment of certain federal prisoners beyond the dates they would otherwise be released, under N & P clause?
Holding: Yes b/c:
1.) Legislation is rationally related to implementation of constitutionally enumerated power
2.) Statute properly accounts for states interests
3.) Link between law & Art I power are not too remote


Questions to ask for evaluating constitutionality of any act of congress

(1) Does Congress have authority under the Constitution to legislate?
(2) If so, does law violate another constitutional provision, like intrude on SOP?


Necessary & Proper Clause

Art I §8 - Congress can make all laws necessary & proper for carrying into execution any enumerated powers


10th Amendment

reserves all powers not delegated to federal gov’t are for states