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Congressional Powers > Necc. & Proper > Flashcards

Flashcards in Necc. & Proper Deck (5)
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1
Q

When can Congress act?

A

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

2
Q

When evaluating Act of Congress…

A

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)

3
Q

N&P Clause

A

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

-Creates implied powers

(McCulloch)

4
Q

McCulloch v. Maryland

A

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
5
Q

Means and Methods Requirements

A
  • 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.