McCullough v. Maryland.

Week 4-5 — Federal Legislative Power — Necessary and Proper

Notes

  • The federal government may do what it deems necessary and proper to execute its constitutionally granted authorities.
  • Gives the federal government discretion—broader than the textual definition of "necessary"
    • Not intended to impose an absolute limitation.
      Framework for legislative power analysis:
  1. Does congress have the authority to legislate the issue at hand?
  2. Does that legislation violate the Constitution?
    Supremacy Clause:
  • federal government reigns supreme over State governments
  • State government may not tax official acts of the federal government
    • Taxing the federal government=taxing all jurisdictions.