constitutional law

Necessary and Proper Clause

Under Article I, Section 8 of the Constitution, Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof".

See the CRS/LII Annotated Constitution on the Necessary and Proper Clause.

Nondelegation Doctrine

Overview

The non-delegation doctrine is a principle in administrative law that Congress cannot delegate its legislative powers to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or to private organizations. 

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Commercial Speech

Definition

Speech which promotes at least some type of commerce.

Overview

Under Central Hudson Gas & Electric v. Public Service Commission, 447 U.S. 557 (1980), commercial speech is less protected under the First Amendment than other forms of speech. 

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