Army2Law wrote:Congress still has its powers limited by what it is granted by the Constitution. Meaning, Congress doesn't have unlimited power (even though CC + N&P makes it seem that way sometimes) subject only to limits outside Article I. We're saying the same thing in different words.
The wording in your first sentence is conflating (1) Congress' inability to do something not expressly/implicitly granted to them in the Constitution with (2) The inability to use that power in the way that Congress chose to use it. As stated by other posters, the test in this area requires requires two different analyses.
First, you must determine if Congress has the implicit/explicit power to do something. (Usually McCulloch NP analysis)
Second, you must determine if the means chosen are Constitutional and not limited by some other section. So, as in New York v. US, if Congress wanted to preempt state law and create its own national radioactive waste regulations, it could. However, the manner Congress chose to do this was considered commandeering and unconstitutional. This analysis has nothing to do with whether or not Congress had powers granted.