Necessary And Proper Clause

85 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Marengo Cnty. Comm'n
  731 F.2d 1546· 11th Cir.· 1984-05-14 ·cited 112×
  The court held that the 1982 amendment to Section 2 of the Voting Rights Act applies to pending cases, is a constitutional exercise of congressional power, and prohibits voting practices with discriminatory results, not just discriminatory intent.
• Gubiensio-Ortiz v. Al Kanahele
  857 F.2d 1245· 9th Cir.· 1988-08-23 ·cited 80×
  The court held that federal judges cannot constitutionally perform the rulemaking functions assigned to the Sentencing Commission under the Sentencing Reform Act of 1984, as these are substantive regulations, not procedural rules. The court also found that the good time credit pr
• Buckley v. Honorable Francis R. Valeo
  519 F.2d 821· D.C. Cir.· 1975-08-15 ·cited 60×
  The court held that certain provisions of the election statute, particularly those concerning disclosure requirements and the composition and powers of the Federal Election Commission, raise significant constitutional questions regarding the First Amendment and the separation of
• McLELLAN v. Miss. Power & Light Co.
  526 F.2d 870· 5th Cir.· 1976-02-05 ·cited 50×
  The court held that a petition for rehearing en banc should be granted.
• United States v. Fidencio Saenz
  747 F.2d 930· 5th Cir.· 1984-11-13 ·cited 42×
  The court held that the evidence was sufficient to support the convictions for conspiracy and vote buying, and that while some prosecutorial remarks were improper, they did not rise to the level of reversible error.
• Brown v. Env't Prot. Agency
  521 F.2d 827· 9th Cir.· 1975-08-15 ·cited 41×
  The Clean Air Act does not authorize the imposition of sanctions on a state or its officials for failure to comply with Administrator's regulations directing the state to regulate the pollution-creating activities of others.
• United States v. Birmley
  529 F.2d 103· 6th Cir.· 1976-01-29 ·cited 38×
  The court affirmed the convictions of Birmley and Capps for possession of unregistered firearms but reversed the conviction of Sexton, finding insufficient evidence of possession for the latter.
• United States v. Perry
  788 F.2d 100· 3d Cir.· 1986-04-07 ·cited 35×
  The court reversed the district court's order releasing the defendant, finding that the statutory presumption of danger to the community was not rebutted and that the Bail Reform Act's preventive detention provisions are constitutional.
• Corpus v. Estelle
  605 F.2d 175· 5th Cir.· 1979-10-26 ·cited 34×
  The court held that the Civil Rights Attorney's Fees Awards Act of 1976 applies to cases pending at the time of its enactment, and the Eleventh Amendment does not bar such awards against states.
• United States v. City OF Chicago
  573 F.2d 416· 7th Cir.· 1978-02-21 ·cited 30×
  The court held that a showing of discriminatory purpose is not required for a Title VII violation, and that the district court erred in its findings regarding the job-relatedness of promotional examinations and the adequacy of validation studies.
• United States v. Crosson
  462 F.2d 96· 9th Cir.· 1972-05-26 ·cited 28×
  A conviction for contemptuously burning a flag under 18 U.S.C. § 700 violates the First Amendment because the statute and prosecution are aimed at suppressing communicative expression, not regulating non-communicative conduct.
• Dunne v. United States
  138 F.2d 137· 8th Cir.· 1943-09-20 ·cited 26×
  The court held that the challenged sections of the Act (9, 10, and 11) are valid, and the indictment was sufficient.
• Blinn v. Fla. Dep't OF Transp. & Sverdrup Corp.
  781 So. 2d 1103· Fla. 1st DCA· 2000-12-29 ·cited 20×
  This case addresses whether the federal supplemental jurisdiction statute (28 U.S.C. § 1367(d)) tolls state statutes of limitations when a plaintiff voluntarily dismisses a federal action and refiles the same claims in state court within thirty days. The First District Court of A
• United States v. Bowman
  636 F.2d 1003· 5th Cir.· 1981-02-09 ·cited 18×
  The court held that 42 U.S.C. § 1973i(c) is constitutional when applied to conduct that affects both federal and state elections, even if the intent was solely to influence the state election.
• State v. United States Dep't OF Health & Human Servs.
  648 F.3d 1235· 11th Cir.· 2011-08-12 ·cited 17×
  The dissenting judge argues that Congress has the constitutional authority under the Commerce Clause and Necessary and Proper Clause to enact the individual mandate, requiring uninsured Americans to obtain health insurance or pay a penalty. The mandate is a valid exercise of Cong
• State v. Daniels
  389 So. 2d 631· Fla.· 1980-10-16 ·cited 17×
  The Florida Supreme Court held that under federal law, only State Attorneys (not assistant state attorneys) may authorize applications for judicial wiretap orders in Florida. The decision reversed convictions based on wiretap evidence obtained when an assistant state attorney aut
• United States v. Cohen
  733 F.2d 128· D.C. Cir.· 1984-05-04 ·cited 16×
• United States v. Malmay
  671 F.2d 869· 5th Cir.· 1982-03-31 ·cited 16×
  The court held that 42 U.S.C. § 1973i(c) applies to vote buying in an election that includes federal candidates, even if the intent was only to influence a local election, because such actions have the potential to affect the federal election's integrity.
• United States v. Comstock
  4th Cir.· 2010-05-17 ·cited 14×
  The Court correctly holds that 18 U.S.C. § 4248 is a necessary and proper exercise of congressional authority under the Necessary and Proper Clause.
• United States ex rel. Dominic Guagliardo v. McELROY
  259 F.2d 927· D.C. Cir.· 1958-09-12 ·cited 14×
  A provision extending court-martial jurisdiction to civilian employees serving with the armed forces abroad is unconstitutional as applied to a civilian employee in peacetime, and the court cannot rewrite the statute to apply only to valid cases.
• Textile & Apparel Grp. v. Fed. Trade Comm'n
  410 F.2d 1052· D.C. Cir.· 1969-03-26 ·cited 10×
  The court held that the Federal Trade Commission's Rule 36, which allowed for pre-release detention and testing of imported wool products, was not authorized by the Wool Act of 1939.
• Florida Ex Rel. Bondi v. United States Dep't of Health & Human Servs.
  780 F. Supp. 2d 1256· N.D. Fla.· 2011-01-31 ·cited 9×
  The court granted summary judgment for the defendants on the Medicaid expansion claim, finding it not impermissibly coercive. The court also found the plaintiffs had standing to challenge the individual mandate under the Commerce Clause.
• United States v. Otmar Sing Gonzalez
  972 F.3d 1264· 11th Cir.· 2020-08-26 ·cited 8×
  The Maritime Drug Law Enforcement Act (MDLEA), as applied to foreign nationals on a foreign vessel in the territorial waters of a consenting foreign nation, exceeds Congress's constitutional authority under the Foreign Commerce Clause.
• United States Postal Serv. v. Brennan
  574 F.2d 712· 2d Cir.· 1978-04-13 ·cited 6×
  The court held that the Private Express Statutes, which grant the United States a monopoly on the conveyance of letters, are a constitutional exercise of Congress's postal power, including the necessary and proper clause.
• Florida Ex Rel. McCollum v. United States Dep't of Health & Human Servs.
  716 F. Supp. 2d 1120· N.D. Fla.· 2010-10-14 ·cited 5×
  The court found that the "penalty" for non-compliance with the individual mandate was not a "tax" for constitutional analysis purposes, based on Congress's deliberate choice of language and prior legislative history. This classification impacts the applicability of the Anti-Injun
• United States v. Garcia
  719 F.2d 99· 5th Cir.· 1983-10-25 ·cited 5×
  The court held that the term 'payment' in the federal vote-buying statute includes the offer or issuance of welfare food vouchers in exchange for votes, and that the statute is constitutional as applied to local elections when federal candidates are on the same ballot.
• Ladd v. LAW & Tech. Press
  762 F.2d 809· 9th Cir.· 1985-06-07 ·cited 2×
  The court held that the copyright deposit requirement is a constitutional condition for copyright, not an unconstitutional taking or burden on the press, and that summary judgment was proper without further discovery.
• Buttrey v. United States
  690 F.2d 1186· 5th Cir.· 1982-11-08 ·cited 2×
  The delegation of authority under section 404 of the Clean Water Act to the Army Corps of Engineers is constitutional, as it is based on the Commerce Clause and does not infringe upon constitutional protections.
• United States v. Alonso Pineda-Torres
  11th Cir.· 2026-08-03
  Congress has authority under the Necessary and Proper Clause to punish conspiracy to commit drug trafficking in international waters, even when the defendant's conduct occurred solely in a foreign country. Section 70506(b) of the Maritime Drug Law Enforcement Act is reasonably ad
• Starceski v. United Van Lines LLC
  M.D. Fla.· 2022-10-19
  The court held that the Carmack Amendment preempts state law claims and constitutional challenges to the amendment, and that the plaintiff's Sherman Act claim was inadequately pleaded.
• Florida Ex Rel. Bondi v. United States Dep't of Health & Human Servs.
  780 F. Supp. 2d 1307· N.D. Fla.· 2011-03-03
  The court clarified that its prior order declaring the Patient Protection and Affordable Care Act unconstitutional and void was intended to have immediate effect, and treated the defendants' motion to clarify as a motion to stay pending appeal.
• United States v. Frank
  486 F. Supp. 2d 1353· S.D. Fla.· 2007-05-04
  The court held that 18 U.S.C. § 2423(c), criminalizing commercial sex with minors abroad, is constitutional under the Necessary and Proper Clause as an implementation of the Optional Protocol, and that other challenges lack merit.
• United States v. Mallory
  884 F. Supp. 496· S.D. Fla.· 1995-02-13
  The court held that the Carjacking Statute (18 U.S.C. § 2119) is unconstitutional as applied because the indictment lacked allegations of jurisdictional facts demonstrating a substantial effect on interstate commerce.
• Ocepek v. Corporate Transp., Inc.
  950 F.2d 556· 8th Cir.· 1991-12-02
  A motor carrier's designation of an agent for service of process under 49 U.S.C. § 10330(b) must be unrestricted; a limited designation is invalid and does not prevent personal jurisdiction.
• S. African Airways v. Dole
  817 F.2d 119· D.C. Cir.· 1987-04-24
  The court held that the Comprehensive Anti-Apartheid Act of 1986 mandated the immediate revocation of South African Airways' permit, superseding conflicting provisions in the air service agreement and the Federal Aviation Act.