Necessary And Proper Clause Essay

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 …show more content…
The Act disregards the economic liberty that a business possess in order to function in what they believe will maximize their profit in the bounds of existing legislation. In Wickard v. Filburn, the government penalized the plaintiff Filburn, an Ohio farmer, for farming wheat to feed his own animals. Previous to the case, the United States government established limitations on wheat productions in order to regulate the supply and prices of wheat. Congress cited the Commerce Clause as just cause for the legislation. However Filburn was not selling the wheat, but he was only using it to feed his animals. The ruling of this case was that the growing of wheat that Filburn did not allow for the market to benefit from him purchasing into it. Although Filburn single participation would not have interfered with the market, the cumulation of more farmers would have been