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Constitutional Law

2011

Marianella Medelius

Articles 1 - 3 of 3

Full-Text Articles in Law

For Carrying Into Execution The Foregoing Powers: Interpretative Theories Of The Necessary And Proper Clause In Light Of United States V. Comstock, Marianella Medelius Oct 2011

For Carrying Into Execution The Foregoing Powers: Interpretative Theories Of The Necessary And Proper Clause In Light Of United States V. Comstock, Marianella Medelius

Marianella Medelius

The Necessary and Proper Clause, also known as the Sweeping Clause, is the last of the eighteen enumerated powers granted to Congress under Article I, Section 8 of the Constitution. The clause provides Congress with the ability to make laws necessary and proper to carry out the exercise of its powers. Contrary to what is often believed, the New Deal’s expansion of Congressional powers was not the product of the Supreme Court directly extending the scope of the Commerce Clause. Instead, it was the Court’s liberal interpretation of the Necessary and Proper Clause that enabled the Court to uphold laws …


For Carrying Into Execution The Foregoing Powers. Interpretative Theories Of The Necessary And Proper Clause In Light Of United States V. Comstock, Marianella Medelius Oct 2011

For Carrying Into Execution The Foregoing Powers. Interpretative Theories Of The Necessary And Proper Clause In Light Of United States V. Comstock, Marianella Medelius

Marianella Medelius

The Necessary and Proper Clause, also known as the Sweeping Clause, is the last of the eighteen enumerated powers granted to Congress under Article I, Section 8 of the Constitution. The clause provides Congress with the ability to make laws necessary and proper to carry out the exercise of its powers. Contrary to what is often believed, the New Deal’s expansion of Congressional powers was not the product of the Supreme Court directly extending the scope of the Commerce Clause. Instead, it was the Court’s liberal interpretation of the Necessary and Proper Clause that enabled the Court to uphold laws …


For Carrying Into Execution The Foregoing Powers: Interpretative Theories Of The Necessary And Proper Clause In Light Of United States V. Comstock, Marianella Medelius Oct 2011

For Carrying Into Execution The Foregoing Powers: Interpretative Theories Of The Necessary And Proper Clause In Light Of United States V. Comstock, Marianella Medelius

Marianella Medelius

The Necessary and Proper Clause, also known as the Sweeping Clause, is the last of the eighteen enumerated powers granted to Congress under Article I, Section 8 of the Constitution. The clause provides Congress with the ability to make laws necessary and proper to carry out the exercise of its powers. Contrary to what is often believed, the New Deal’s expansion of Congressional powers was not the product of the Supreme Court directly extending the scope of the Commerce Clause. Instead, it was the Court’s liberal interpretation of the Necessary and Proper Clause that enabled the Court to uphold laws …