mcculloch v. maryland was the early national dispute that was settled on the basis of the necessary and proper clause.
mcculloch v. maryland was the early national dispute that was settled on the basis of the necessary and proper clause.
what early national dispute was settled on the basis of the necessary and proper clause?
mcculloch v. maryland
fourthly, marshall supported his opinion textually by invoking the necessary and proper clause, which permits congress to seek an objective while it exercised its enumerated powers as long as that objective is not forbidden by the constitution. in liberally interpreting the necessary and proper clause, the court rejected maryland's narrow interpretation of the clause that the word "necessary" in the clause meant that congress could pass only laws that were absolutely essential in the execution of its enumerated powers. the court rejected that argument, on the grounds that many of the enumerated powers of congress under the constitution would be useless if only laws deemed essential to a power's execution could be passed. marshall also noted that the necessary and proper clause is listed within the powers of congress, not its limitations.
mcculloch v. maryland
in "national federation of independent business v. sebelius" (2012), the supreme court ruled that the individual mandate of the patient protection and affordable care act cannot be upheld under the necessary and proper clause. chief justice john roberts wrote in his ruling that the mandate cannot "be sustained under the necessary and proper clause as an integral part of the affordable care act's other reforms. each of this court's prior cases upholding laws under that clause involved exercises of authority derivative of, and in service to, a granted power. ... the individual mandate, by contrast, vests congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise be outside of it. even if the individual mandate is "necessary" to the affordable care act's other reforms, such an expansion of federal power is not a "proper" means for making those reforms effective."
necessary and proper clause