Congress Necessary Clause

Improved Essays
Often referred as the “necessary and proper clause” Article 1, Section 8 of the Constitution states that Congress has the power to “make laws which shall be necessary and proper for the carrying into execution the forgoing powers. Article 1, Section 8 of the Constitution basically specifies the power that congress can have in detail. It also states that the power of law making and tax imposing must be uniform through the whole United State. Congress shall have “the power to collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” (Cooter, R., & Siegel, N. pp 121). Chief Justice Marshall stated in court in 1790 that “the power to tax involves the power to destroy,” (Schwelkart & Allen,2004, pp.182). This is important in today’s society because there is a plan for insurance called Obama Care. This mandates that every person in the United States should have insurance coverage or else they will be fined up to $350.00. This cause an outrage because not only are more taxes taken out of a weekly, biweekly, or monthly paycheck, but it also means that for those that cannot afford they are having to pay a fine for every year they …show more content…
Clause 1 in the Constitution gives congress the power to lay and collect taxes after the Article of Confederation failed to do so. All of the duties, impost and excises must be uniform throughout the United States. Congress cannot charge more on a good that is imported from state to state. The ruling of 1790 by Chief Justice Marshall is used by Congress to require the Obamacare for all people who are not yet covered under medical insurance. This is controversial since not everybody can afford it. There are promising benefits to it but it is just another way for the government to make money. Things that were establish by the Founding Fathers affect what people do today and the future generation in one way or

Related Documents

  • Great Essays

    The Articles of Confederation was the active form of government in America by 1777, despite not being universally ratified until 1781. During the early years following the Revolutionary War, Hamilton recognized the budding defects in current governmental structure, most notably the fact that the federal government could not wrangle the various State Legislatures to move in unison on a path to preserve the Union and protect America’s newfound liberty. Hamilton could see the writing on the wall, The Articles had created a tenuous relationship between the the States and the National governments. Hamilton’s primary criticism of the Articles was that the system did not provide the necessary amount of power for the federal government to preserve and protect the Union and its interests. The federal government lacked autonomy to take action on issues that impacted multiple states, due to the limited powers of the executive branch and propensity of legislatures to debate actions to exhaustion without taking significant action.…

    • 1690 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The 1780’s were a tough time for the America’s. America had recently declared itself independent from the British and were ending the Revolutionary War in the early 1780’s. The Articles of Confederation was drafted and put into effect in 1781. The Articles of Confederation was created due to the war going on because they needed unity between all the states in order to fend off the foreign forces. Upon the creation of the Articles of Confederation, there were many upsides to it but there were struggles with this type of weak government that led to its failure and the creation of a new document that we are all familiar with today, the Constitution.…

    • 675 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Many economic and political problems resulted in the failure of the Articles of Confederation. The United States were faced with many economic problems such as: lack common currency, printed money that lacked value, inflation, debt, and Congress not having power to tax. Along with these economic problems, there were also political problems that included of trade policies with Britain, Treaty of Paris 1783, the Western Land dispute and foreign relations with Spain. Foreign relations with Spain were tense. During this time, Spain controlled Florida and lands west of the Mississippi River.…

    • 653 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    From their conception and drafting in 1776, the Articles of Confederation were nothing but a reaction to the English government. When possible, the colonists continually strived to do the exact opposite of what the English government would. This effort to avoid tyranny resulted in a decentralized, weak, inefficient, and financially poor government, one that was also nigh impossible to change and amend. Not only did this later spur reform, but it also gave impetus to “those who favored a strong central government” (persons such as Alexander Hamilton).…

    • 1193 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The author Thomas Paine wrote a book that put America on the road to revolution. It was so memorable, the morals and topics discussed in the book, were included in the Constitution. Thomas Paine lived in New York from 1737 to 1809. At this time America was still a British colony and Paine wrote a book called Common Sense which discussed Representative Government and Republicanism, which was a show of open rebellion against the king. It one of the first books to openly suggest breaking free from Britain.…

    • 960 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Alexander Hamilton and Thomas Jefferson had fundamentally different opinions on how the United States should be constructed and governed. Hamilton believed the elite should hold great power and that the federal government should be exceptionally strong. However, Jefferson believed that the common man should rule the country and that the state governments should hold most of the powers. Both men had a strong impact on America today, yet one more than the other.…

    • 764 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The Articles of Confederation marked the death of the 13 Colonies and the birth of the United States of America, a country of it’s own after fighting with a superpower for so long. After being controlled and constrained by Britain for centuries, the now-Americans were afraid of the government becoming a second Britain. The new American government drafted the Articles of Confederation in 1777, the first law of their new country, and to avoid creating another restrictive government, the Articles were extremely limited federally and failed to provide a strong government in terms of economics, law enforcement, and government. These issues can be shown by just a few of the restraints on the federal government: the inability to print national currency,…

    • 634 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    When The Articles of Confederation were first written, they did not give congress the power to tax citizens. This may have been good for the people, but it was not good for the government. If this problem was left until now, we wouldn’t have schools, government buildings and workers, or healthcare. The outcome would be disastrous. States had the right to coin their own money.…

    • 203 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    As the Revolution came near the end, Americans decided there needed to be a set of laws in place, for the independence that will be gained if they win the war. The first set of rules to be drafted is known as the Articles of Confederation. Seeing that it was America’s first attempt at a government, it is quite obvious that there were many issues with the rules and provisions created, which caused problems in the new nation and stress among political leaders. The Articles of Confederation caused economic, legislative and leadership problems, along with unrest in the Anti-Federalist Party as shown in Documents A, spoken by Melancton Smith and Document B written by Brutus 1.…

    • 913 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The ability for Congress to use the Necessary and Proper Clause comes from the Article 1, Section 8, Clause 18 which says Congress can create all laws deemed Necessary and Proper for the execution the powers already enumerated in the Constitution. In McCulloch v. Maryland, Chief Justice John Marshall defines the clause by saying: “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.” , therefore the clause should be only provoked in the absolute necessity and not to be used freely by Congress to expand on their powers. Congress deems the individual mandate as an essential component in the Act in order to support the Guarantee Issue and the Community Rating provision. The Guarantee Issue requires insurers to insure anyone including those with a…

    • 538 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Federalists and Anti-Federalists The feud between the Federalist and Anti-Federalist party was based on the ratification of the Constitution. Even though both groups believed that the principal purpose of government is to secure individual rights and that the best instrument for that purpose is some form of limited republican government. They also agreed that the individual has the right to do anything that the government has no power to keep him from doing.…

    • 711 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Question 1: In Article I of The U.S. Constitution, the powers and responsibilities of the U.S. Congress are outlined. In an essay format answer, you are to discuss the following. First, discuss the enumerated and implied powers of Congress.…

    • 1191 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Taxes, also known as tariffs or customs are according to the assigned text a sum of money collected by a government from its citizens, businesses, and corporations for the funding of said government and its projects and programs( Farlex,2013). It is no exaggeration to say that taxation is vital to governments the world over, considered by many to be the very lifeblood of Government. We will turn our attention to how this overlooked but vital system functions in the country many consider the forefront of the modern world, The United States of America. In the Untied States of America…

    • 876 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    The right to affordable health care is as sacrosanct as the right to be free, if not more. The most important issue is making medical care a right for everyone at an affordable price. American health care has an insurance-based system; thus, to get affordable and efficient medical help, you should be insured. Currently, there are about 44 million uninsured Americans. According to Elizabeth Bradley, the author of the book The American Health Care Paradox, the paradox of today’s system is that “United States spends so much on health care but continues to lag behind in health outcomes” (33).…

    • 1634 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Healthcare Expensive Essay

    • 1122 Words
    • 5 Pages

    “An estimate done by the Census Bureau’s, said that thirty-three million Americans lacked health insurance in 2014 reflects a significant and welcome drop from the forty-two million it reported as uninsured in 2013,” said Dr. Robert Zarr, president of Physicians for a National Health Program, today (More Americans gain health coverage, but many can’t afford to use it: doctors group). In this time of rising health care costs, a great amount of Americans experience troubles or difficulties paying for needed health care services. With the costs that are expected to continue rising, changes happening to private insurance plans and public…

    • 1122 Words
    • 5 Pages
    Improved Essays