5. Necessary & Proper Powers (Article 1)

Question 1

What is required for Congress to exercise necessary and proper powers (Article I)?

Answer 1

1) Implied power to make laws necessary and proper
- NOT express (NOT best source of power for Congress)

2) To execute any power explicitly granted to any government branch
- Federal Legislative (Enumerated powers)
- Federal Executive (Domestic/Foreign powers)
- Federal Judiciary (Justiciability)

Question 2

Are there exceptions to Necessary and Proper powers?

Answer 2

Prohibited by Constitution