Necessary and Proper Clause

First, slavery is referred in the Constitution in Article I, Section 2. This clause explains the apportionment of representation and taxation. As it states, “Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be…

War has always been a controversial issue in the United States. For a war to get public approval, the government has to successfully justify the war and lay out a clear plan for its quick and honorable end. Most wars have been justified as being for the defense of the United States or its interests. Prior to and including World War II, if the President decided that war was needed, he would ask Congress for an official declaration of war. This process is enumerated in Article 1, Section 8 of the…

someone may prefer litigation because in some cases, the arbitration may not provide adequate enough settlement or solution to the dispute, not one that is necessary to truly solve the dispute. In addition, if the plaintiff were trying to sue a company for a wrong, they wouldn’t be able to do that through arbitration and be able to receive the compensation they desire. One other area where litigation is more…

freedom of speech exist. Obscenity, hate speech, defamation, commercial speech, and child pornography are not protected by the constitution. Restrictions are not only stated in the first amendment clause, but have been applied by the government throughout history. The United Stated federal government…

Medical devices are the crucial components of health care system, especially the patient care which may include uncomplicated, devices employed during medical examinations, such as tongue depressors and thermometers, or sophisticated life-saving implants like heart valves and coronary stents. They play an increasingly vital role in health care delivery globally.103 Typically, the purpose of a medical device is not attained through any pharmacological, immunological or metabolic means. Medical…

act in cases of national emergency. President Truman also argued that the presidency has certain powers that are given by the Constitution. I think that the power of the commander in chief should be given the ability to take actions that were necessary to organized a war. Even though, the Supreme Court rejected his explanation, the president needed either a grant of power in the Constitution or a grant of power from Congress in which neither ever existed in this case. The Supreme Court…

and balances. As with the legislative branch, which has the elastic clause, which is vague and can be interpreted differently, the president has the power to wield the “executive power”. This too is vague and can be interpreted differently, in some presidencies, wielding the executive power has been somewhat overlooked, but in others it has been scrutinized and called over stepping the presidential boundaries. Because of this clause in presidential powers, presidents as of late have been slowly…

on to complain that the government has no right to create a national bank. Marshall agreed with Maryland about there being no right by the government according to the Constitution but Marshall pulled in favor of the bank because of the Necessary and Proper clause of the Constitution. The bank was free and Maryland was to not charge them with any…

As the United States expanded territorially and developed economically, the scope and reach of federal power and control increased in unison with widening interpretations of the Constitution. In “American Sovereigns: The People and America’s Constitutional Tradition Before the Civil War”, Fritz outlines the paradigm shift of Americans moving from being both rulers and ruled to simply being ruled, and the accompanying changes in constitutional interpretation that caused this. Fritz highlights the…

114(a)(1) of the AMIA and whether it includes contractors. Before analyzing the interpretation of the statute itself, it is crucial to consider whether Congress delegated authority to the Occupational Protection Administration (OPA) and if it followed necessary procedure during implementation. After interpreting the relevant material, I will either recommend how…