Amendment XX, Section 4 of the United States Constitution: The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.
Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers.
Loose constructionists, on the other hand, believe it is largely up to Congress and not the courts to determine what means are "necessary and proper" in executing one of its enumerated powers.
For the first time in sixty years the Court found that in creating a federal statute, Congress had exceeded the power granted to it by the Commerce Clause.
[citation needed] In National Federation of Independent Business v. Sebelius,[8] the Supreme Court held that the Commerce Clause did not give Congress the authority to require individuals to purchase health insurance.
However, since the court ruled that Congress's taxing authority was sufficient to enact the mandate, some constitutional lawyers have argued that the commerce clause discussion should be treated as judicial dictum.
National Tea Party leader Michael Johns has said that progressives often "see the Constitution as an impediment to their statist agenda.
In almost all cases, though, there is very little thought or dialogue given to what should be the first and foremost question asked with every legislative or administrative governmental action: Is this initiative empowered to our federal government by the document's seven articles and 27 amendments?
"For this reason," Johns said, "we also strongly support the Enumerated Powers Act, which will require Congress to justify the Constitutional authority upon which all legislation is based.