Landor v. Louisiana Dept of Corrections and Public Safety · ¶107

Battling uphill, the majority reworks the Necessary and Proper Clause. The majority contends that, rather than allow Congress to enforce statutes passed pursuant to other enumerated powers, the Necessary and Proper Clause must facilitate the enumerated power itself. Ante, at 16. Only if a regulation is “a necessary and proper incident to Congress’s constitutionally enumerated power,” the majority insists, does the Necessary and Proper Clause justify it. Ibid.

slip opinion, revised 6/28/26
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