PSCI 3322 Chapter Notes - Chapter 1: Enumerated Powers, Tenth Amendment To The United States Constitution, Antonin Scalia
17 Oct 2016
School
Department
Course
Professor
Document Summary
Facts: convicted sex offenders moved to dismiss petitions requesting their indefinite civil commitment under the adam walsh child protection and safety act. Question of law: did congress have the constitutional authority to enact the adam walsh. Response: yes - necessary and proper clause grants congress authority to enact the law. 10th amendment does not reserve a zone of authority to the states in this context, (5) statute was narrow in scope and did not confer on congress a general police power, which is reserved to the states. Dissenting opinion: thomas and scalia: necessary and proper only applies to congress to enact laws that carry into execution one or more enumerated powers. The adam walsh protection and safety act did not carry into execution an enumerated power. Concurring opinion: kennedy: necessary and proper clause is dependent upon the strength of the chain from congress and its enumerated power.
