Necessary and Proper Clause

new U.S. Constitution does more to satisfy those that advocate for a strong central government because of the Elastic Clause and the process of impeachment. The Elastic Clause, also known as the Necessary and Proper Clause, does more to satisfy those who advocated for a strong central government. Article 1, Section 8.18 states, “To make all laws which shall be necessary and proper for…

by the layer-cake metaphor). For example in the the layer cake model the national government rules by enumerated powers only (supported by the Tenth Amendment),has a limited set of constitutional purposes (despite the implied powers of the elastic clause) and the states are each sovereign within their own spheres.…

For most Americans, the Louisiana Purchase is regarded as one of the most influential treaties of our nation in expanding its borders and securing its status as a world powerhouse in political dominance. However, a significant yet otherwise subdued dilemma the Louisiana Purchase treaty caused was an unconstitutional expansion of federal powers, specifically with regards to the president. Robert Knowles argues that the assumed expansion of federal powers to include additions of states and…

In Federalist Paper #10, James Madison argued that the government is capable of controlling the consequences of factions. Factions are defined as groups of individuals who have banded together to protect and promote “some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community” (1). Each faction had differing perspectives than the next and their rivalries tended to end in violence or damage that infringed on…

Throughout Thomas Jeffersons’ Presidency, several unforeseen circumstances get in his way. These situations illustrate how the United States acquires land and how the Constitution works. One of these unexpected dilemmas, known as the Louisiana Purchase, provided the nation with the land to expand into the western portion of the United States and achieved one of the most important factors of the purchase, New Orleans. The Louisiana Purchase caused major controversy in the early 1800’s. Jefferson…

With the fight for independence over, members of the newly formed United States sat down to write a set of laws for the nation. However, they were met with growing apprehension from Anti-Federalists, who favored strong state governments as opposed to a powerful central government. This group of commoners was afraid that this new form of government would resort to the monarchist principles of the former British regime, so they called for a protection of individual rights. On the other hand,…

Branch include the: a. Necessary and Proper Clause: This allows Congress to pass laws that they believe are needed for the branches to carry out the powers that the Constitution gave them. b. Commerce Clause: The Commerce Clause allows Congress to control relations with foreign countries and buisness deals that affect more than one state. States are allowed to regulate within themselves with limitations, but the government is the agent of the United States. The Commerce Clause also gives…

Federalist No. 10 Main idea: Rationalizes the choosing of a republic, and then goes to outline the the necessity of factions, and their role in society. Factions are introduced in the paper, and the issues that reside around them. There is no way that all men are going to have the same interests, or same amounts of money or property. Because of this, factions are created. The largest faction will ultimately be the poor. This plays into what Madison believes, stating that if there are a ton of…

interstate trade. Although Gibbons had won the case, Ogden created the argument that Congress could only regulate trade at the borders where two states meet not within the whole state. Ogden lost the case because John Marshall had said that the commerce clause applied not only to interstate trade at borders, but within in all conflicts within the…

The joint resolution allows for the President to exercise “all necessary and appropriate force.” President George W. Bush takes advantage of an off shore naval base in Guantanamo Bay, Cuba. The President and his administration believed that since the naval base wasn’t technically on U.S soil, the laws of the U.S would…