Congress’s Regulatory Powers: Congressional Legislation + Federal Power under the Necessary and Proper Clause

Question 1

Article I

Answer 1

This sets up how the government works

Question 2

McCulloch v. Maryland (Part 2)

Answer 2

Congress may create the means to perform its constitutional duties and the states may not interfere with them.

Question 3

McCulloch v. Maryland (Part 2)

Issue

Answer 3

Whether Congress had the power to incorporate a federal bank

Question 4

McCulloch v. Maryland (Part 2)

Facts

Answer 4

Maryland taxed all banks not chartered by the state and the Bank of the United States refused to pay. Maryland argued that the states have power over the federal government and state law trumps the Constitution

Question 5

McCulloch v. Maryland (Part 2)

Reasoning

Answer 5

The Constitution gave Congress many duties that involve money and it follows that the framers intended that Congress may develop the means to work with these powers even though it’s not mentioned in the Constitution. The word “necessary” cannot be construed as the Constitution limiting the way Congress makes laws and carries out its duties. The Constitution was meant to endure throughout time and so could not spell out everything regarding how the government worked. The Necessary and Proper Clause was added to Congress’s enumerated powers and was meant to enlarge those powers. If the framers wanted to limit the means by which Congress could do its job, they would have done so explicitly. Congress deemed it necessary to form a national bank to perform its duties involving money.

Question 6

McCulloch v. Maryland (Part 2)

Holding

Answer 6

Congress had the power to incorporate a federal bank.

Question 7

United States v. Comstock

Answer 7

The Necessary and Proper Clauses gives Congress the right to confine sexually dangerous prisoners to beyond their release date. The court looked at five factors.

1. The Necessary and Proper Clause gave Congress broad powers to create laws.
2. The stature was a “modest addition” to existing laws about mental health care in prisons.
3. Congress acted reasonably by enacting the law.
4. The statute honored state interests by requiring the Attorney General to encourage the prisoners’ home states to take custody of them.
5. The link between the law and the Article I power was “not too attenuated.’