Overview of Congressional Authority

Question 1

Menu Approach

Answer 1

• Defined Congressional authority under the Constitution
• Based on Art. I § 8; 13th, 14th, and 15th Amendments (with some authority elsewhere)
  1. Congress must point to authority when enacting legislation
  2. Congressional authority as a menu

Menu Approach:
-Congress has a lot of discretion (power) to determining what laws are Necessary and Proper to use powers in enumerated powers

Question 2

McCulloch v. Maryland

Answer 2

“Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional”

• Congressional act will be upheld under McCulloch so long as Congress has employed a means which is not prohibited by the Constitution and which is rationally related to objectives that are themselves within Art. I § 8
  1. Means= Law Ends= Art I Sec. 8