Importance Of The Necessary And Proper Clause

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Necessary and proper clause is basically a simple term used in the place of Article 1 Section 8 of the Constitution of the United States. The necessary and proper clause states: “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof”. John Marshall was one of the greatest to ever serve as the Chief of Justice. Marshall started his career in the early 1780s. Marshall heard more than a thousand cases and wrote at least 519 decisions. Marshall started a small law practice in Richmond, Virginia. He served as a delegate to Virginia Convention, which …show more content…
This case started when John Adams had lost presidency seat to his vice president, Thomas Jefferson. Once Adams, was defeated by Jefferson, Congress immediately passed a new judiciary act that included many new positions, including forty five justice-of-the peace. Chief of Justice John Marshall held the responsibility of getting the commissions signed for what was called “midnight justices” to take office. (Hudson) Chief of Justice John Marshall did not have time to deliver all the commissions before Thomas Jefferson took office in the White House. At that time Seventeen justice of peace did not receive their commission, among those seventeen was William Marbury. Marbury was furious at the fact that he did not receive his commission and decided to sue the secretary of state, James Madison. Marbury requested that the court issue a writ of mandamus, which would force Madison deliver his …show more content…
The court also ruled that James Madison withheld William Marbury commission wrongfully. Although the court ruled it wrongfully for Madison to withhold Marbury commission, Chief of Justice John Marshall ruled that William Marbury case must fail, due to section 13 of the Judiciary Act of 1789. (Hudson) The Judiciary Act stated that it was unconstitutional to request the court to issue a writ of mandamus. Chief of Justice John Marshall ruled that Section 13 was unconstitutional and that the Supreme Court did not have the jurisdiction of William Marbury case. Marshall argued that the court only had appellant jurisdiction and the case had to be heard in a lower court. Although Marbury never became a justice of peace, he did become a successful banker in Washington, D.C. (Hudson) There are cases that are similar to Marbury verses Madison today. The Supreme Court had to make the determination of whether the Affordable Care Act was constitutional or unconstitutional, due to all of Congress not coming to conclusion. The Affordable Care faced multiple implications from the Act being used as a tax to it being a state opt-out solution for medicaid expansion. On June 28, 2012, the Supreme Court upheld the Affordable Care Act. Judge Vinson ruling indicated that the Affordable Care Act was declared a tax and not a mandate and therefore

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