*Federal Powers

Question 1

3 major sources for expanded fed powers:

Answer 1

Com Clause, Spending power, Taxing Power

Question 2

Necessary/Proper Clause

Answer 2

Article I, §8, clause 18:
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Question 3

1) Implied Powers:

Answer 3

must be rationally related to implementation of enumerated power (source of power = N/P clause)

Question 4

a) McCulloch v MD:

Answer 4

Congress not restricted to Art. 1 enumerated powers, but can choose any means (implied powers related to object) not prohibited by the Con to carry out its Art. 1 powers

i) F: Con’l authority for nat’l bank–>yes; under implied from enumerated commerce/ tax powers
ii) Marshall: “We must never forget that it is a con. we are expounding: dif than interpreting a statute
(1) expansive/liberal regarding fed. powers–>with respect to nexus between implied/express powers

Question 5

iii) N/P clause is the substantiation of

Answer 5

implied powers (“under N/P clause, [implied power] is con’l”)

Question 6

N/P interpretation

Answer 6

(1) Expansive interpretation: N/P Clause is used to validate/substantiate the expanse of implied powers; Congress has the power to do anything not against the Con in order to carry out an express power
(a) implied power must be related to enumerated power; N/P Clause is not ind. source of power

(2) Restrictive Interpretation: Congress can adopt only those law which are truly necessary (essential to achieve goal)

Question 7

iv) Comstock:

Answer 7

affirmed fed statute extending sentences for sexually dangerous rationally related (con’l) to Congress’ enumerated powers