Necessary and Proper Clause

Power shall be vested in a President of the United Statesv." But Scalia ignores the concomitant clause that states "Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departmentsvi" as well as the sweeping powers given to Congress through the Necessary and Proper provision. Necessary and Proper gives Congress the means to make laws concerning the execution of federal powers, so it can hardly…

During the Constitutional Convention, one of the major issues facing the Framers involved the sharing of power between the state and national government. Even after having succeeded in becoming independent from Britain the colonists still viewed themselves as members of separate states. The Nation needed a strong centralized government that also protected the power of the states. Thus the Federalist American form of government was created. The Framers did not want anyone faction of government…

violating the Constitution After careful review and consideration, we find: 1. Under Article 1, Section 8, Clause 18 of the United Sates Constitution, or the elastic clause, Congress does in fact possess the power and ability to establish a bank within the United States. 2. We further find that Maryland’s power of taxation violates the Constitution’s Section 8 of Article, within both Clause 18, and 1, in that Congress is specifically given the power to tax. Even more so, we found that…

has just causing when firing Erin McNamara since she violated so many contract provisions with many proper warnings, proper paperwork filed, and proper communications of said infractions. After reviewing the contract provisions, Erin violated a total of 6 clauses, multiple times throughout her time period after being transferred from the long beach location. Barrera recycling provided all the necessary items to be productive and safe when working, and even though the gloves provided were…

Commerce Clause, many aspects of the Civil War, and through racial and sexual equality. Yes, the federal government has grown in power but their fear of them taking over the state…

Reading Response #1 The modern foundation of Federalism is grounded in the Constitution. However, there is no central definition of Federalism found in this document. Erwin Chemerinsky in Reconceptualizing federalism (2005) suggests federalism in the 1990’s and the early 21st century is defined by, “both the Supreme Court and Congress … restricting federal authority for the sake of protecting states ' autonomy”. These rules define the scope of authority available to the federal, state, and…

The appellant argued that Title II ?exceeded Congress? powers under the Commerce Clause and violated other parts of the Constitution? (Cornell Law, 2015) and also denied his 5th amendment rights by taking his liberty and property without the due process of law. The appellees counterclaimed, stating that denying rooms to African-Americans affected interstate travel, and therefore did fall under the Commerce Clause. Thus, the Supreme Court had to decide whether or not to uphold the…

First we shall discuss McCulloch vs. Maryland, this case is extremely important and influential because it established the necessary and proper clause; which was the ability of congress to do things outside of what is specifically stated in the constitution, but is vital to the upkeep of our country and the constitution. In 1819 the Second bank of the United States of America was being…

There were various key aspects in module one, which included chapters one, two and three. Among these aspects is the important concept of federalism, which essentially defines the relationship and interactions between the national government and the states. As well as how federalism has transitioned and progressed throughout history of the U.S as society, the economy and the system itself has changed. Another key aspect is state constitutions, which outline state governments and provide a…

The U.S. The Constitution states that the laws of the United States Federal Laws are the supreme law of the land and judges in every state are bound by them regardless of conflicting state laws. Likewise, The Preempton Doctrine and the Supremacy Clause concur, that federal laws supersedes any state law, even if that law is part of the state's constitution. When Congress enacted a law preempting an existing state law, there is only one legal standpoint of which law is prevented or law…