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The Pros And Cons Of The Necessary And Proper Amendment

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The Framers of the Constitution failed to clarify the meaning of the word necessary and the word proper. Due to this flaw the Necessary and Proper Clause has been debated many times. Alexander Hamilton believed that the clause should be viewed broadly. While, Thomas Jefferson believed that the clause should be strictly interpreted. The Supreme Court favored Hamilton’s view in the case of McCulloch v. Maryland for the National Bank. Chief Justice John Marshall, Judge of McCulloch v. Maryland, warned that this could undermined the enumerated powers. This could be prevented with the insertion of a new provision to Article 1, Section 8, Clause 17. This provision should state, “Congress must state in each bill it passes the Article, Section, and Clause of the Constitution to which the bill relates.”

The Constitution of the United States of America gives Congress many powers, …show more content…
(Mikhail 1047) Justice Joseph Story states that one motives for the insertion of this clause was the need to dismiss any conceivable misgivings of the national government. (Bailey) The Necessary and Proper Clause was created by the Framers of the Constitution to serve two major principles. The first principle was to expedite governmental organizations. The second principle was to help carry out the enumerated powers and is considered the most significant purpose. Due to the second principle and the flexibility of the Necessary and Proper Clause Alexander Hamilton was able to convince George Washington to create the National Bank. (Engdahl) (Vile, ECAPAA 226) Hamilton believed that the establishment of the Bank was essential to carry into effect other powers. (Vile, ECAPAA 95) The case of McCulloch V. Maryland maintained that the National Bank was constitutional under the implied powers. (Vile, ECAPAA

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