The Necessary and Proper Clause as an intrinsic restraint on federal lawmaking power

Article Abstract:

Chief Justice Harlan Fiske Stone, in US v. Darby in 1941, reestablished the Necessary and Proper Clause as the basis of Congress' plenary power over interstate commerce. His views superceded the dual federalism doctrine which refused to couple the Clause with any enumerated powers. However, Justice Hugo Black later expounded the mistaken view that Congress' power over commerce derives from the Commerce Clause alone, rather than coupled with the Necessary and Proper Clause.

United States, Federalism, Legislative power

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Introduction to volume nineteen

Article Abstract:

The birth of the Harvard Journal of Law and Public Policy showed that, contrary to popular opinion, conservatism was not dead. The journal has made important contributions to constitutional jurisprudence in the areas of the Takings and Commerce Clauses. A study of cases in these areas since the Journal's founding show that constitutional interpretations have been more exact and an effort has been made to give clear standards.

Interpretation and construction, Criticism and interpretation, Constitutional law, Constitutional interpretation, Harvard Journal of Law and Public Policy (Periodical)

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At last, the Supreme Court solves the takings puzzle

Article Abstract:

The US Supreme Court in Dolan v. City of Tigard has issued a definitive ruling on how to balance private property interests and governmental police power under the Takings Clause. The court ruled that the common law of nuisance should be used to decide that balance. This ruling is consistent with the Constitution while stopping short of judicial activism.

Eminent domain (Law)

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