Necessary and Proper Flashcards

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1
Q

How Does Nec. and Proper Clause Work?

A
  1. Nec & Proper- Gives Congress a little wriggle room to make laws.
    a. Means= Law Ends= Art. 1 Sec. 8
  2. Necessary and Proper expands these powers in order to use Authorities
    - Nec & Proper mostly left up to Congress to decide.
    - Gives Congress more power “reasonable & left to Congress”
  3. Necessary and Proper never left alone, must allow work with an enumerated authority given to Congress (never acts by itself)
    Ex: Commerce Clause, Taxing and Spending
  • Congress can point to 1 or more for Authority
  • Cant violate any right in constitution or Amendments
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