Rules/Principles/Rationes
decidendi/Major Premises (v. holdings)
1. Under the Necessary and Proper Clause, Congress has the
implied power to enact any legislation that is a reasonable means of achieving
an express or enumerated constitutional power, if that legislation is not otherwise
prohibited by the Constitution. McCulloch
(“Let the end be legitimate, . . .)
The Implied Powers doctrine. Note: there is no reference in the rule to banks, states, taxes, or any other specific subject. This is a general rule.
2. Under the enforcement clauses of the Fourteenth and Fifteenth Amendments, Congress has the power to enact legislation to reasonably address and remediate violations of those Amendments, if the legislation is not otherwise prohibited by the Constitution. Katzenbach, City of Boerne
The Enforcement Clause rule. Note: there is no reference to the voting, the Voting Rights Act, zoning, religion, the RFRA or any other specific subject. This is a general rule. This rule presumably also applies to the enforcement clauses in the 13th, 19th, 23d, 24th, and 26th amendments, also.
3. Under their auxiliary or incidental powers, the three branches of the national government may use any reasonable means to perform the functions vested in them by the constitution, if those means are not otherwise prohibited by the Constitution. McGrain, Young
The auxiliary or incidental powers doctrine. Note: there is no reference to the Senate, House, courts, the president, subpoenas, hearings, contempt of court, or any other specific subject. This is a general rule.
4. Congress may enact legislation to enforce the provisions of a valid treaty even if the same legislation would be unconstitutional without the treaty. Missouri v Holland
The United States may accomplish by treaty ends or purposes that are not enumerated or implied in the Constitution. Missouri
Either of these two rules would be acceptable. Both raise significant questions that are only answered in Curtiss-Wright and Belmont.
Note: there is no reference to birds. This is a general rule.
5. Executive agreements on any matter are subordinate to conflicting federal statutes. Guy Capps
No potatoes—raw, fried, boiled, seed, baked, au gratin, unpeeled, whatever—here! This is a low-carb rule.