Necessary and Proper Clause

When is it that a statement supportive of freedom becomes an implement used to enslave others? An example such as this occurs with the inclusion of the Elastic Clause in the United States Constitution. As a consequence of its imperfections, the clause contributed fuel for dissent amongst politicians throughout the years, and irritates the counterbalance between anarchy and oligarchy long supported by the United States. Additionally, it leads to conflict not as a direct repercussion of the…

opposition of the legality of the state of Colorado’s legalization of recreational marijuana. The constitutionality of Congress being able to regulate recreational marijuana under the Controlled Substance Act of 1970, as well as the use of the Commerce Clause, is something that the court system needs to intensely scrutinize. Looking back at the precedents that have been set throughout the history of the Supreme Court, such as “Wickard V. Filburn (1942),” “Gonzalez V. Raich (2005),” “Gibbons V.…

It stated that, Congress has the power “to make laws which shall be necessary and proper for carrying into execution and fore going powers, and all other powers vested by this Constitution in the government of the United States or any department…” By the framers including this clause in the constitution, it gave the government the power to do anything that they thought was essential for the United States without the need to…

invoke the Elastic Clause, which gives Congress all the necessary and proper power to execute its duties. What is “necessary and proper” to some might be unconstitutional to another. The Necessary and Proper Clause is going to be invoked by the Federalists, to do things that the Constitution does not give them the right to do. Republicans are going to have an entirely different take, and they want to restrain the powers of government, and they are not going to invoke the Elastic Clause, but…

the Commerce Clause in addition to the Necessary and Proper Clause to understand how Congress can execute authority over interstate commerce despite the 10th amendment which grants states sovereignty. The Commerce Clause is a statement within the United States Constitution that grants Congress the “power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes”. It is found in Article I, Section 8 Clause 3. The Necessary and Proper Clause grants…

fined no more that $10,000 or be imprisoned not more than two years, or both” (18 U.S. Code § 1385, 1878). The American people have always had a tradition that abhors the involvement of the military in the affairs of the civilians unless it is necessary. This tradition has been stressed in the nineteenth century Posse Comitatus Act (PCA) forbidding the Army and the Air Force from executing civil law unless authorized by the appropriate authorities. This PCA consist of 52 words, but is one of…

The first is the “necessary and proper” clause, which states that the national government can make all laws that are necessary and proper for its functioning. The second is a clause that sets that the national laws & constitution will be the supreme laws of the United States. However, these clauses should be of no concern, because they have no effect on the government — in fact, if they were completely left…

establish the Bank, and Maryland did not have the power to tax the Bank. The Supreme Court ruled Congress had the power to establish the Bank in Article One, Section Eight of the Constitution using the elastic clause, stating Congress has the power to “make all laws which shall be necessary and proper for carrying into execution.” The court ruled with compliance with the Federal Government saying that “the power to tax involves the power to destroy.” In 1816 Congress established the Second…

realized that it may be more the matter of recognizing what the independent clause actually is in the sentence and then separating it properly from the dependent clause. The text refers to this as essential and nonessentially information. The “Purdue OWL” website has a section on “Extended Rules for Using Commas,” that helped clarify what is actually the independent clause. You see, in my mind, I think that the dependent clause is also essential information because it provides detailed…

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…