Necessary and Proper Clause

founding fathers and evolved in a way that will enable the legislative branch to act as the people’s representative and ultimately accomplish this goal with its power to make laws that are “necessary and proper,” the process of how a bill passes, and the formation of congressional caucuses. The “elastic clause” in the US Constitution enable Congress to pass laws that are essential for the branch to fulfil its goal to…

The Constitution came about as a solution to the problems and many weaknesses to the Articles Of Confederation. Not everyone agreed with the Constitution or even the problems arising from the Articles of Confederation. These individuals were called Anti-Federalists and their ideas would not be as successful as the ideas of the Federalist. Since Anti-Federalist idea’s mirrored many characteristics of the Articles of Confederation. The Constitution needed to be ratified in order to invoke change…

case of William Marbury vs. James Madison went before the Supreme Court. Marbury, along with others, had been appointed by President John Adams in the final days of Adams’ presidency to be a justice of the peace for the District of Columbia. All the proper steps to make the new commissions valid were taken except they were never delivered. When Thomas Jefferson was sworn into office in March of 1801, he ordered James Madison, his Secretary of State, not to deliver them. Marbury then went to the…

states could not get money for highways unless they raised the drinking age to 21 The Constitutional Basis of Federalism I. The Division of Power i. Clearly defines powers of states and feds ii. Supremacy clause: Constitution, constitutional national laws, and constitutional treaties trump state laws (Article VI) iii. Tenth Amendment: Powers not explicitly given to the federal government are given to the states a. US v. Darby: Amendment X means that states have their own powers,…

Vernonia v. Acton Does drug testing violate the fourth amendment rights of students? In 1995, Vernonia v. Acton sought to answer that question. This case was brought to the Supreme Court, and the Court ruled in favor of the Vernonia School District. Since then, drug testing has been widely used throughout the nation. Vernonia v. Acton is a landmark court case; therefore, it is important to understand the history, background, constitutional issues, and the current impact of the case. The story of…

Supreme Court invoked the Necessary and Proper Clause of the Constitution. Majority’s reasoning: Marshall delivered the majority opinion and stated that the government is acknowledged by all to have a set of enumerated powers, yet the states are only allowed to exercise the powers granted to the state. The Court found that Congress is not authorized to make all laws, which may have relation to the powers of the government. They are to make laws that seem ‘necessary and proper’ and they are…

From the advent of their political careers, Thomas Jefferson and Alexander Hamilton were notable adversaries who could never agree fully on matters of state. Both wanted what was most advantageous for their newly conceived Union of States and they argued that their method best encapsulated the correct means of achieving that goal. One area of particularly high contention involved the interpretation of the Constitution and the extent of the powers listed within. Jefferson rooted himself deeply in…

Dylan Momplaisir Wednesday, November 25, 2015 APUSH APUSH Broadside Theory Our nation is dealing with tumultuous times; our people are losing their farms and homes and our government is unable to pay back its bills. Congress’ inability to properly govern threatens us domestically and internationally. If we are unable to fix this, we possibly could divide into thirteen small republics or have a state of rebellion similar to the recent crisis in Massachusetts. In an attempt to…

It is not equal because all states have to send the same number of members to the Senate, even the smallest states. Slaves increase the proportion of members. In Article One, Section Two of the Constitution we are given the Three-fifths Clause which reads, “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 determined by adding to the whole number of free persons, including…

specifically means that the Bill of Rights is implemented to the states through the Due Process Clause of the Fourteenth Amendment. As for the rights of criminal defendants, the Supreme Court case of Miranda v. Arizona (1966), explicitly states that criminals have the right to protection against self-incrimination and have right to have an attorney. This case is protected under the Fourteenth Amendment’s Due Process Clause, its enforcement is evident through all the states and is commonly seen…