Chioce of Means Doctrine

Chioce of Means Doctrine - Andrew Golden Mr. Miller AP Am....

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Andrew Golden Mr. Miller AP Am. Government 9/18/07 Choice of Means Doctrine The limits of congressional power, as interpreted by John Marshall in McCulloch v Maryland, are not limited to those powers “expressly and minutely described” in the Constitution, they include “all laws which shall be necessary and proper for carrying into execution the” enumerated powers. These laws, says Marshall, are the “implied” congressional powers granted by the Constitution. Marshall states that there is clearly a valid relation nexus between establishing a National Bank and governmental powers in the Taxing and Spending Clause, the means and ends, and that the state of Maryland, or any other state for that matter, cannot interfere with this or any other implied power of congress. In the case Reid v. Covert, the holding was that the Constitution supersedes all treaties ratified by the United States Senate and that the military may not try the civilian wife of a soldier under military jurisdiction. Here, the Choice of Means Doctrine was not applicable: the court ruling stood that under the enumerated power of Congress “To make Rules for the Government and Regulation of the land and naval Forces,” the government was not acting constitutionally by trying the women in a military trial. The final say was “that Mrs. Smith and Mrs. Covert could not constitutionally be tries by military authorities.” The courts agreed that “the constitution expressly grants Congress power to
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This note was uploaded on 06/26/2008 for the course HIST 1101 taught by Professor Don'tremember during the Spring '08 term at FSU.

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Chioce of Means Doctrine - Andrew Golden Mr. Miller AP Am....

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