Necessary and Proper Clause

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,…

(n.d.). A strong central government is what the Federalist commended (The Constitution in One Sentence: Understanding the Tenth Amendment. (n.d.). The necessary and proper clause is against the tenth amendment. In McCulloch v. Maryland, Chief Justice Marshall wrote in the Supreme Court’s opinion the federal government was not prohibited from exercising only those powers specifically granted by the Constitution (The…

Furthermore, sections one, twenty four, and eight of the charter aptly demonstrate the misinterpretation with which the charter has been dealt. Overall, the faults within the charter are not within the legislature; a societal change in ideology is necessary in which the interpreters and enforcers of the…

Introduction: The U.S constitution’s Article 1, Section 8, Clause 8, “congress has the proper power to pomote the progress of science and useful arts, by protecting for the limited times to authors and developers the exclusive right to their respective writing’s and discoveries.” First Copyright Act 1790: The first copyright Act was passed in 1790 in US that contained most of the principles in English Law. When in 1790 the copyright was enacted, it protected published maps, charts and books…

both informal and formal powers. Informal powers are similar to the "necessary and proper" clause of the constitution because they are not explicitly stated. However, they include: - Executive agreements which are international agreements with power and authority like a treaty, ability to meet with world leaders because he/she is one - In case of emergency, President can get control and spend money if he/she deems it necessary. Lincoln spent money during the Civil War without Congressional…

right to blatantly overlook the rights of the people of the country. The elastic clause was a major factor in the establishment of the Patriot Act. The elastic clause allows the United States government to overlook certain rights and privileges of citizens as long as the act or law can be proven “necessary and proper”. The United States Patriot Act, of course, was formed with this in mind because without the elastic clause, the government would have never been able to neglect such significant…

The Bhagavadgita is a tale of duty in war and why it is necessary to perform one 's duty despite the cost. However this raises the question of whether the war in the Gita was justified. The god Krishna who performs the role of charioteer for Arjuna believes that the war is just and convinces him to fight. There is a theory known as the “just war theory” which details the legitimacy beginning a conflict and proper actions during the conflict. This theory consists of two major parts (Jus Ad Bellum…

The Federalists and Democratic-Republicans provided the United States with political parties due to their interpretation of the Constitution, which would eventually evolve and merge the beliefs of the two as time went on. Political parties are important because they play a part in all aspects of the country by helping develop policies, bring new ideas and ensure a variety of choices. The Federalist Party, led by Alexander Hamilton, was one of the first political parties it the United States. The…

government has only limited powers. That idea of limited federal power, while stated in the 10th amendment, was established by the enumerated powers of Article 1, Section 8, especially in the necessary and proper clause. By stating that Congress may enact laws vested in it by the Constitution, the clause implies that there exist other powers not constitutionally vested, which Congress does not have. This idea of division of power established in Article is the basis for the eventual…

Hadley v. Baxendale is a case wherein Hadley, the plaintiff ,was a milling company who had suffered a shut down in their operations due to a crank shaft they needed for an extremely necessary part on their stem engine broke. The company sought out assistance from Baxendale, the defendant in this case. Baxendale was hired by Hadley to transport the broken crank shaft to an engineering company to have a new part made to the exact specifications needed for that particular part. Baxendale went into…