Necessary and Proper Clause

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,…

the powers and responsibilities of the U.S. Congress is identified by the Legislative Branch. Article I is organized into ten sections. The Legislature, The House, The Senate, Elections and Meetings, Compensation, Revenue Bills, Legislative Process, and Presidential Veto, Powers of Congress, Limits on Congress, and Powers of States. All of which are important parts of Constitution. It is important for Congress to have enumerated and implied powers, and also the Supreme Court to make…

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…

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…

The Affordable Care Act decision could have been an expansion of the powers of the federal government under the Commerce Clause. Instead, Roberts sought to redefine the penalty as a tax, so to avoid defining it as a power under Congress power to regulate interstate commerce. Although I agree with Roberts reasoning so as not to uphold the law under the commerce clause, I also find the redefining of the individual mandate as a problematic precedent. However, I believe the greatest issues with the…

These delegated powers are part of a total of three powers the national government is permitted to enforce because of the Constitution. Most governments are allowed to obtain terrain by exploration, however this is not written in the Constitution making it an inherent power. Any Inherent power may not be included in the Constitution and have become the National governments responsibility. The third and final power the National government was given was implied powers. These powers also are not…

The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution. This case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a…

The Necessary and Proper Clause: Is it Someone’s Opinion or What is Good for America? Throughout the history of America, a plethora of cases have passed through every court in the nation. Some cases arrive at a conclusion without needing the supervision of higher courts, but other cases make a statement that will resonate through similar cases in years to come. Once a court declares something legal or illegal, it becomes the standard against which another like case is compared. For this reason,…

of enumerated powers. Congress, and the other two branches of the federal government, can only exercise those powers given in the Constitution. The powers of Congress are delegated in several places in the Constitution. The most important explanation of congressional powers appears in Article I, Section 8, often referred to as the Necessary and Proper Clause, or the Elastic Clause. The Necessary and Proper Clause is the part of the Constitution that gives Congress the power to make all laws…

The state of Maryland voted to tax all bank businesses that were not done with the state banks as a means to tax people who lived in Maryland but did business with banks in other states. After congress had passed an act that allowed Federal banks to be located within the individual states, Maryland passed an act that placed these and all other banks/financial institutions operating within the state under the taxation model of Maryland. Giving Maryland the right to tax these financial…