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.