Necessary and Proper Flashcards
R: Necessary and Proper
Art. 1, Sec. 8, Cl. 18: allows Government of US 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.” = GIVES CONGRESS POWER TO CARRY INTO EXECUTION OTHER CONSTITUTIONALLY VESTED RIGHTS
A law is a necessary and proper use of Congressional power IF
The (1) end is legitimate, (2) means are appropriate, (3) consistent with the letter and spirit of the constitution.
End is legitimate if the end is within the scope of the Constitution (does not NEED to be an enumerated power of Congress; Addresses any area that Congress reasonably believes will advance the execution of its constitutional powers)
Means are appropriate if they are plainly adapted to the Constitutional end and not otherwise prohibited by the Constitution
A (for N / P): McCulloch v. Maryland
In applying the N/P Test:
- End must be legit:
- Congress has the power to raise revenue and apply it towards a national purpose, like lay/collect taxes and borrow money on the credit of the US
- Need to be able to convey money from one place to another
- Means are appropriate:
- Creating a bank is “reasonably related” to the powers of regulating commerce
- “means” do not need to be indispensable/absolutely necessary to carry out an enumerated power
Fact Review: There, fed. gov. wanted to implement a new Bank of the US. Panic of 1818 occurred, and Bank called back on loans issued to the States. Maryland didn’t want it, so it refused to issue the Bank a charter and said the Bank needed to pay a fine. SC said that although there’s no explicit power to make a bank, Congress can use its implied powers to implement laws. Living Constitution: deducing constitutional meaning based on “broad outlines” and “structure” of the document rather than based on the intent of the Framers
R: Necessary and Proper:
Art. 1, Sec. 8, Cl. 18: allows Government of US 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.” = GIVES CONGRESS POWER TO CARRY INTO EXECUTION OTHER CONSTITUTIONALLY VESTED RIGHTS
A law is a necessary and proper use of Congressional power IF
- End is legitimate
- Is the end within the scope of the Constitution
- USUALLY REGULATING SOMETHING IN INTERSTATE COMMERCE (Does not NEED to be an enumerated power of Congress / Addresses any area that Congress reasonably believes will advance the execution of its constitutional powers )
- Means are appropriate
- Plainly adapted to the Constitutional end
- Not otherwise prohibited by Constitution
- Factors that MAY affect appropriate means (Comstock factors) Narrow in scope, Accommodates States interests, Long history of statutes being on the books, Law only a modest addition to existing body of law, Link between law and enumerated power is not too attenuated
Consistent with the letter and spirit of the Constitution
A (necessary and proper): Gonzales v. Raich
Upheld federal statute banning possession of marijuana b/c the law was a necessary and proper use of Congressional authority.
Legit end?: regulating interstate market in controlled substances
Achieving this end?: prohibits the personal, intrastate possession or cultivation of marijuana
- Appropriate? = Congress could reasonable have concluded that allowing home cultivation of marijuana could undercut regulation of the interstate market
- Allowing home cultivation = avenue for placing more controlled substances on interstate market (one step away from illegal market)
- Congress has rationale basis for believing regulating home grown marijuana would leave a hole in CSA
A (necessary and proper): U.S. v. Comstock
Held the Adam Walsh Act was a constitutional use of congressional power under Necessary and Proper Clause.
Legit end?: does not need to be an enumerated power
- Criminalize possession of child porn that has traveled interstate legit end
- Congress has power to create prisons to house prisons convicted under child prn law
- Congress can enact laws for safe and responsible operation of fed. prison system
- Congress can enact Adam Walsh Child Protection and Safety Act to quarantine potential re offenders
- THE COURT DID NOT WANT TO GET RID OF THE HOUSE OF CARDS
- SAYS EACH LEVEL OF CONGRESSIONAL POWER IS A N/P EXTENSION ALLOWED BY CONGRESS
Achieving this end? (5 factors stating it is an appropriate means for achieving end)
- Long history of fed. commitment statutes
- Law is a modest addition to body of existing civil commitment statutes
- Gov has an interest in protecting public from dangers posed by inmates and its reasonable for Congress to conclude that inmates suffering from mental illness that causes them to have difficulty refraining sexually violent conduct
- Statute accommodates states interest does not force unwilling states to accept federally certified inmates for civil commitment
- Link between law and enumerated art. 1 power not too attenuated
