Legislative Powers Flashcards
Quote Necessary ad Proper Clause
Art. I, Sec. 8 Cl 18. Congress shall have the power 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 Govt. of the US or i any Dept or officer thereof.
McCulloch v MD
F - Congress established a bank in MD
R - There is no enumerated power in Constitution allowing for the creation of a bank, but Congress has power to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution to the US govt.
NP clause augments powers enumerated under Constitution.
US v Comstock
F - Federal civil-commitment statute authorized DOJ to detain mentally ill federal prisoner beyond release date.
RR - Necessary and Proper clause grants Congress the legislative authority to enact a particular federal statute if the statute constituted a means that is rationally related to the implementation of a constitutionally enumerated power
Quote Tax and Spend Clause
Art I, Sec. 8,, Cl 1. The Congress shall have Power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the US, but all Duties, imposes and Excises shall be uniform throughout the US
