Necessary and Proper Clause

document’s meanings and interpretations should be interpreted exactly the same as when they were enacted 200 years ago. One popular advocate for this idea was recently deceased Supreme Court Justice Antonin Scalia, who argued that “…originalism is the only proper way to interpret the United States Constitution so that judges aren’t given a license to create or eliminate constitutional rights as they see fit” (Faller). To further elaborate, in looking at the Constitution, a judge must look at the…

human bondage.” In the book, he laid forth several cogent arguments for the US Constitution being a pro-slavery document. He argued the document safe-guarded slavery through the three-fifths clause, the prolongation of the Atlantic slave trade, not allowing taxation on exports, and the fugitive slave clause. His analysis is accurate, Waldstreicher: Firstly,…

Congress was one house, filled with people who were chosen by the state government as a way to voice their opinion in Congress. Each state, no matter the size, got one vote on issues (AoC,Article 5, Clause 4: In determining questions in the united states, in Congress assembled, each state shall have one vote), and if any amendments were to be added to the Articles, each state had to agree with it. The central government also didn’t have a president…

of direct effect of the European Union law, meaning that after Van Gend en Loos, EU law can award legal and natural persons with the rights which should be recognized and enforced (if necessary), by courts of member states. The EU law applicable to this question is article 3 of Council Directive 91/13/ECC. Clause 1 of mentioned article defines which contractual term should be regarded as unfair: “A contractual term 1ECJ, Van Gend en Loos, C-26/62, Judgement of 6 February…

The clause has allowed Congress to legislate in several matters not described in the enumerated powers. For example, they have reformed our nation’s healthcare system, determined the power of law enforcement when dealing with terrorism, and regulate stem cell…

advantages of this competitive federalism the author offers doesn’t scale to the proportion of disadvantages of restricting the federal government’s ability to ensure accountability to lower levels of government, a standard defense, providing the necessary welfare for the people. The author being as partisan fails to make a common ground in the article that regardless of any party, the growing of centralization is inevitable when states’ absurdities are top priorities in the centralized…

pornagraphic material as evidence. However, no warrant was produced during Mapp’s trial and the absence of the warrant wasn’t explained as well. This leads to the question that was Mapp’s rights violated because her house was searched for evidence without a proper…

would win, so America would cease the relevant westward expansion. However, this was not the case. The Constitution mentions Native Americans in the Commerce Clause, and grants them trading rights. The acceptance of Native Americans as trading partners is explained in the following statement, “The Commerce Clause (Article 1, Section 8, Clause 3) grants Congress plenary power to regulate commerce between the United States and three other forms of sovereign entities: the states, foreign nations,…

The Tenth Amendment, which is part of the Bill of Rights and was ratified in December 1791, clearly declares that all powers that are not granted to the federal government are reserved for the state government and its constituents. However all state governments mimic that of their federal counterpart, and subsequently they all follow the same organized system using three, equal in power and authority branches consisting of the executive, legislative, and judicial branches; this system is known…

of people has, and also to excite feelings of pride in the nation and its history. The effect rhetorical uses such as this one have on a crowd can be extremely important to the success of a speech. Kennedy realized this and put to use a multi-colon clause so that he could emphasize America’s persistence in its cause when he stated: “Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, in…