6 terms

Con Law - Implied Powers + Dormant Commerce Clause

McCulloch v. Maryland
Congress has implied powers to perform its enumerated duties that come from the Necessary and Proper Clause

Facts: challenge whether Fed Gov't had power to est a bank

Holding: this power is implied

-The power specifically enumerated implies other means
-Const does not exclude implied powers
-Amendment 10 assured states wouldn't cede too much power, but doesn't preclude implied Fed powers
-Necessary and proper clause - Fed gov't must have power to do what's necessary & proper to fulfill its enumerated powers
-Meaning of necessary:
--Broad - gives Cong discretion on furthering & realizing its enumerated powers
--Some power of review reserved for courts
Dormant Commerce Clause
When Cong has not enacted legislation, can state reg commerce?

Extreme approaches - Gibbons & Blackbird Creek
Middle approach - Cooley (states may reg if it doesn't impose an unacceptable burden on interstate commerce

No apparent Const'l justification for DCC
Southern Pacific Co. v. Arizona
Safety interests have to be ligitimate to permit states to regulate interstate commerce

AZ req'd shorter train lengths than surrounding states, claiming it was in the interest of safety

Holding: req was struck down

Not really a safety benefit
Need uniformity in RR's
Gibbons v. Ogden
States may not regulate commerce among the several states

Facts: Conflict btwn state monopoly run steamboars & federally licensed interstate steamboar company

1) Commerce includes navigation
2) Power to regulate commerce is not concurrent btwn federal & state
3) States may regulate commerce & movement of goods under police power - for safety of its people
Cooley v. Board of Wardens
States may regulate areas of interstate commerce that are local in nature & do not demand uniformity across the country

Facts: Philly req'd local licensed pilots to navigate its ports

No need for national uniformity. Possible reasons:
1) Local rules maximize interstate commerce
2) Local rules have no effect on interstate commerce
3) LR's consider local necessities
SC State HW Dept. v. Barnwell Brothers, Inc
Local interests can overcome burden on interstate commerce

SC limited width & weight of trucks on its HW's its roads weren't designed for heavier trucks