Tuesday, January 13, 2009

Congress on a leash

As I noted after Ex Parte McCardle the Necessary and Proper Clause cuts Congress quite a bit of slack, but SCOTUS still holds the leash. In U.S. v. Klein, we see an example of the Supreme Court keeping Congress in check.

U.S. v. Klein, 80 U.S. 128 (1871)

Facts
Following the Civil War, citizens who could prove they did not aid the Confederates were allowed to reclaim any seized property. The Supreme Court ruled that the general Presidential pardon provided all citizens the opportunity to automatically reclaim their property. Congress then passed legislation stating that presidential pardon was insufficient.

Outcome
SCOTUS decided that this time, Congress went to far.

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