Necessary and Proper Clause

When looking up the definition of power, what does one find? Power, as a noun, is defined as; the ability to do something or act in a certain way, the ability to direct or influence the behavior of others or the course of events, or the struggle over who gets what, when, and how. Yet, over the years power has been a struggle in our nation. To this very day power is still a struggle. When the Articles of Confederation were created, it gave great power to the states. Although, the Articles of…

What Is It and Why Is It Necessary? Adult…

levels of government that gives each some degree of independence from each other but definitely binds them together through the United States Constitution.” (pg. 69) 2. Why did the Founders feel that dividing power was necessary? The Founders felt that dividing power was necessary because it prevents tyranny and ensures that there is a separation of powers within the government system, thus maintaining a balance. 3. Compare and contrast Dual Federalism and Cooperative Federalism. Dual…

Company law was in Colman v Eastern Counties Railway Company ; Lord Langdale establishing the Doctrine held that, “ample powers are given for the purpose of constructing and maintaining the railway, and for doing all those things required for its proper use when made. But I apprehend that it has nowhere been stated that a railway company, as such, has power to enter into all sorts of other transactions… But it was been contended that they have a right to pleadge, without limit, the funds of the…

In terms of whether the exclusionary clauses are incorporated, they are required to be given prior to the contract formed and there are supposed to be extra notices for harsh terms. The ESC placed the large and prominent sign of clauses at the entrance and K should have seen it easily before the contract between her and the ESC made, which means that the exclusion clauses could be binding pursuant to provisions contained herein. Therefore, although the clause might be harsh to some extent, the…

Electoral College Vs. National Popular Vote The recent 2016 presidential election, has caused the population to question the electoral college, more than it ever has before. Those who disagree with the electoral college have propelled the National Popular Vote (NPV), a movement that started in 1969. Although many disagree with the electoral college, the vast majority do not truly understand its purpose, and even less know who or what it is composed of. The lack of knowledge about the electoral…

Ultimately, if the congress got too corrupt it would simply get elected out of office at the end of a term. It is unclear just how far the necessary and proper extends, which is a much more dangerous proposition. Though the president does have veto power, and the judicial branch has the option of constitutional review, having the ability to do what is necessary and proper is far too dangerous and vague a power to grant. This power has been used as a justification for many laws over the years,…

The argument made by Marshall was that the partial could and should not control the whole. Maryland cannot tax the federal bank because it is taxation without representation. This Segway’s and plays a prominent role in the validity of the commerce clause and the federal government power in the sense that if the federal government power could be established then it can help with future cases that might question the federal government power. The conclusion in the nutshell, was that the bank was…

Known as “marble cake federalism,” Cooperative Federalism emphasized intertwined powers between both national and state governments to effectively solve issues and relations. The Interstate Commerce Clause, an enumerated power specified in Article I of the US Constitution which delegated the power to “regulate commerce among foreign nations, several states and with the Indian tribes” to the national government changed the balance of power that was established…

During this semester, we have talked about numerous cases in lecture and in the readings that deal with commerce clause or have some ties to it. My paper and interpretations of the commerce clause come from the knowledge that I have gathered from lecture so far. The word commerce is controversial based on my interpretations of it. The Constitution does not explicitly define the word commerce just like the constitution does not define the word man when it comes to the requirements for running for…