Necessary and Proper Clause

establish post offices, to coin money and regulate the value thereof. But the most disputed of them all is Clause 18. Clause 18 has many names. Those who support it call it the “Necessary and Proper Clause” or “Implied Powers Clause”. Those against it call it the “Sweeping Clause” and its most common name: the Elastic Clause. It states that Congress has the power “To make all Laws which shall be necessary…

believed that the federal bank should pay state taxes. At the end, under the Necessary and Proper Clause, which states that “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 Untied States, or any Department of Officer thereof (Cornell University Law School, "Necessary and Proper Clause"), the Supreme Court ruled that “the creation Bank was…

The first case that has established the power of the federal government by Supreme Court is McCulloch Vs Maryland. In 1816 Congress created a bank in the state of Maryland. Two years later Maryland Assembly passed a law to impose taxes on the bank. McCulloch was a cashier at the bank and refused to pay the tax. The Constitutional questions that were being asked Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers?…

Section 8, Clause 3 or commonly referred to as the Commerce Clause focuses on Congress authority to regulate Commerce with foreign nations, other states within the United States, and Indian Tribes. The Commerce Clause has come under increased pressure throughout the course of early United States history regarding Congresses authority to restrain state actions taken for reasons of commerce and the central authority granted to federal government. Due to the nature, vast definition of clause it has…

interest of the constitutional provision or statute. (Lujan) I believe it is clear under the constitutional test for standing that the sailor has the standing to necessary to file…

arguments (Oyez). Although this case is not taught as often as Marbury v. Madison, it is still one of the more important judgements in early United States history and helped expand the power of the federal government through the supremacy clause and the commerce clause. As treasury secretary, Alexander Hamilton believed…

Congress, providing the original text of each clause of the Constitution with an accompanying explanation of its meaning and how that meaning has changed over time. Source: U.S. Senate, Library Of Congress Sections 1, 2 and 3 (Legislative Powers) | Sections 4, 5, 6 and 7 (Elections and Legislative Process) | Section 8 (Enumerated Powers) | Sections 9 and 10 (Powers Denied To Congress and States) Article I, Section 8: Powers of Congress Section 8, Clause…

Articles of Confederation. Upon completion of it’s writing, a debate was started concerning ratification. Some people believed that the Constitution gave too much power to a central government while others thought it was a great step forward and necessary for the future of the U.S.A. The Federalists were those who were for the Constitution and the Anti-Federalists were those against it. Both sides argued that their way was correct.…

Scientists also consider institutional power as the core of the government, churches and corporation behaviors. For Example Art.1 section 8 Clause 18, explains that the power that the constitution gives to Congress is the “necessary and proper clause”, this clause is important because the words gives congress the right to make laws that is necessary and proper for carrying out the power vested in the constitution. In addition, it also has the ability to appropriate the land for seats…

law of the U.S., understood the concept of change, and so they left room for it, by establishing features such as the elastic clause, and judicial review. With these features in play, the government has the ability to adapt to the changes of the United States. The elastic clause “stretches” the power of government, allowing it to pass any laws that seem necessary and proper, without the public’s input. This means that the constitution can bend to…