The necessary and proper clause gives Congress broad authority to decide on what it needs to carry out its enumerated powers.
“Congress has duties to perform and powers to execute,” Chief Justice John Marshall wrote in his opinion for the court in McCulloch v. Maryland in 1819.
As far as the Constitution is concerned, Congress cannot only shape that jurisdiction (“with such Exceptions”) but also set the terms by which the court exercises its appellate authority (“under such Regulations”).
Congress could, to use one example, require justices to recuse themselves in any appellate proceeding in which they have a conflict of interest.
As it stands, however, the kinds of ethics rules that are on the table — or should be — fall squarely within congressional authority to shape, regulate and even discipline the Supreme Court.
Persons:
John Marshall, Sheldon Whitehouse
Organizations:
McCulloch, . Maryland, Party, Constitution, Supreme
Locations:
., Rhode