Question
The Supreme Court ruled that Congress did indeed have the power to create a bank. In the Court’s written decision, Chief Justice John Marshall cited several reasons for the Court’s decision, finally bringing to mind the Necessary and Proper Clause, which gives Congress the power to act, or to create legislation for the purpose of accomplishing any of the powers assigned to the federal government by the Constitution. Such authority is referred to as inferred powers. This holds true as long as the act or legislation can reasonably seen as necessary and proper to accomplishing the government’s goal, and that the act or legislation is not specifically forbidden by the Constitution.
When the Court made this ruling, it nullified Maryland’s assumption that the word “necessary” in the Necessary and Proper clause of the Constitution gave Congress only the power to enact laws that are crucial to the performance of its enumerated powers. Justice Marshall pointed out, in the ruling, that many enumerated powers would be useless if Congress could only enact laws absolutely essential to the execution of an enumerated power. Finally, Justice Marshall made public note of the fact that the Necessary and Proper Clause is contained within the powers granted to Congress, not in the section listing its limitations.
Would you say Justice Marshall has a broad or narrow view of what “necessary” includes?
When the Court made this ruling, it nullified Maryland’s assumption that the word “necessary” in the Necessary and Proper clause of the Constitution gave Congress only the power to enact laws that are crucial to the performance of its enumerated powers. Justice Marshall pointed out, in the ruling, that many enumerated powers would be useless if Congress could only enact laws absolutely essential to the execution of an enumerated power. Finally, Justice Marshall made public note of the fact that the Necessary and Proper Clause is contained within the powers granted to Congress, not in the section listing its limitations.
Would you say Justice Marshall has a broad or narrow view of what “necessary” includes?
Answers
GPT-4o mini
Justice Marshall has a broad view of what "necessary" includes. In his interpretation of the Necessary and Proper Clause, he argued that Congress has the authority to enact laws that are not strictly essential but rather reasonable means to achieve its enumerated powers. By emphasizing that the clause allows for inferred powers, he indicated that Congress can take actions that may not be absolutely crucial but still serve to effectively carry out its responsibilities. This perspective allows for a more expansive and flexible understanding of Congressional power, as opposed to a narrow interpretation that would limit Congress to only those actions deemed essential for the execution of its enumerated powers.