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Necessary and proper clause
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Most people say it is Congress contributing good to society and government. Many may say that Necessary and Proper Clause can cause some loopholes in the government. The impact of the Necessary and Proper Clause has caused some controversies on the limitation of power it gives Congress. The Necessary and Proper Clause grant a new power to Congress by stretching its power, meeting new need , and Proper mean making the power suggested but not in the constitution. The Necessary and Proper Clause grants a new power to congress by stretching its power. Document B states, “ The Congress shall judge of what is necessary and proper in all these cases and in all other cases - in short in all cases whatsoever. ” Which basically just states that Congress is able make choices which can represent the people of society. With this …show more content…
comes great powers , and that is what we decided when the representative government was set up. Congress is able to to extend its power for the better. Document I states, “ It may with great reason be contended, that a government, entrusted with such ample powers, on the due execution of which the happiness and prosperity of the nation so vitally depends, must also be entrusted with ample means for their execution. ” This refers back to the representative government , when we put our faith and future in the hands of our chosen government. The Necessary and Proper Clause grants a new power to Congress by allowing it to be the voice representation of the people with the choices being made. The Necessary and Proper Clause grants a new power to congress by meeting new demands.
Document A states, “ The Congress shall have Power . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. ” This states that this is in the constitution allowing for Congress to be ensured to make the path of the government. This basically gives the power to Congress for allowing it to be able to do anything and everything possible for the better of the country. Document G states, “ In every aspect therefore under which the attorney general can view the act, so far as it incorporates the Bank , he is bound to declare his opinion to be against its constitutionality. ” This states that the people in the Congress is able to declare the best for the country , which can lead to some decision making which is not all favorable but is the best. The Necessary and Proper Clause gives new power to Congress by allowing it to stretch their power out with few limitation while being
constitutional. Some may oppose to this and declare that the Necessary and Proper Clause does not garnet power to Congress. Just as Document D states, “. . . they have been held up to the people , in all the exaggerated colours of misrepresentation, as the pernicious engines by which their local government were to be destroyed and their liberties exterminated. ” This implies that Congress power can cause chaos upon the government. In the contrary the Necessary and Proper Clause gives a boost upon society and government to the better path way. Document H states, “ To deny power of the government to add these ingredients to the plan, would be to refine away all government. ” To show that if you deprive Congress from this it will allow for the path to become disreputed. The government will not be able to fully set society on the right pathway. In the Necessary and Proper Clause , proper means the power suggested but not in the constitution. Document C states, “ Besides, it is a truth confirmed by the unerring experience of ages, that every man, and every body of men, invested with power , are ever disposed to increase it , and to acquire a superiority over everything that stand in their way. ” This states that it is obvious that with power comes greed. Greed can turn into a good obsession when wanting to better the lifestyle of the present and upcoming society. All in all , the Necessary and Proper clause grants a new power to Congress. It gives congress to be able to meet their demands when needed. The power means although it's not in the constitution it is implied. Also gives Congress the power to stretch its power.
Maryland 's main arguments were as follows: 1) they had the right to regulate businesses and taxes within their state 2) the Federal government regulated state banks so why couldn’t a state regulate a Federal bank 3) the Constitution gives the Federal government no authority to set up a bank, and therefore it was unconstitutional. On the other side, McCullough 's arguments were: 1) Congress had deemed the creation of a national bank as necessary and proper as a way to conduct financial operations 2) the Constitution is only a framework and not all national operations that may arise could have been listened 3) the federal government is supreme over the state government, and therefore Maryland has no right to question the Second Bank of the United States. In the end, John Marshall gave his verdict in favor of McCulloch and the federal government. In his explanation, he said because of Article I, Section 8 Congress could indeed do whatever they felt was necessary under the “Elastic Clause”. Also, Marshall referred to the Supremacy Clause when he said “As long as the national government behaved in accordance with the Constitution, it’s policies took precedence over state policies”. Finally, Marshall laid out the groundwork for the “implied powers”, which are the powers of the government which have not been explicitly granted by the Constitution.
The constitution said that common people had the right to send representatives who would work with the chiefs to make additional laws as needed.
Instead, the Constitution grants Congress the power to pass legislation regulating all commerce bar intrastate trade (U.S. Const. art. I, § 8, cl. 3). Coupled with the subsequent clause enabling Congress to pass any legislation they deem necessary in order to carry out the laws passed by dint of the body’s Constitutionally-enumerated powers (U.S. Const. art. I, § 8, cl. 18), the enumerated power to regulate interstate and international commerce endows Congress with a significant capacity to control the nation’s
Members of congress have three specific goals. The one that seems to be the most important
... “inflexible and uniform adherence to the rights of the Constitution, and of individuals, which we perceive to be indispensable in the courts of justice”? (Hamilton.Jay.Madison 105) With an end reminding us of the tough qualifications judicial offices must have met to get into office. “Hence it is that there can be but few men in the society who will have sufficient skill in the laws to qualify them for the station of judges.” (Hamilton.Jay.Madison 106)
Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce” is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress’ power over commerce is first laid out in the case of Gibbons v. Ogden. In addition, the case United States v. Lopez is a prime example of Congress’ ability to carry out the Commerce Clause to the furthest extent. Lastly, the case National Labor Relations Board v. Jones & Laughlin Steel Corporation brings to light the Wagner Act of 1935. Through a review of these three cases, it can be concluded that there are no real limitations on Congress when regulating commerce.
In Jackson’s letter to Congress justifying his Bank Veto Message, he argues, “when the laws undertake to add to these natural and just advantages. make the rich richer and the potent more powerful, the humble members of society. have a right to complain of the injustices of their government.” In the preceding months, Jackson was in the midst of his presidential campaign for reelection when his opponents put political pressure on him by fast tracking the Bank Bill. Jackson, however, remained steadfast in his belief that the proposed bank was unconstitutional and thus he vetoed the bill.
Section 2. “This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several St...
The farmers of our Constitution recognized the need for separate powers as well as checks and balances among the executive, legislative and judicial branches. This in turn helps to "provide for the common defense". Separation of powers prevents one branch from becoming excessively dominant over the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare and secure the blessings of liberty to ourselves and our Posterity, do ordain and establish this Constitution of the United States of America.: In order to accede to the preamble and adhere in its goals, the Constitution ensures this is by clearly stating the authority of the Congress in Article I Section 8 and the authority of the President in Article II Section 2. These fixed powers in the Constitution clearly state that one cannot act without permission or authorization of another. It is designed to that one cannot take action without consent of the other branch. This is prevalent in Article I Section 7 that states the process of how a law is passed. The fact that there are clear steps to the initiation of a law states the importance of separation of powers so that a single dominant branch does not arise.
Congress is split into two large bicameral legislatures, the house of representatives and the senate. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers which shows how they have too much power because even though they are split into two separate entities, they can share and overtake other parts of the government and basically do whatever they want from making laws to declaring war.
...eparates congress into the House and Senate. This further provides internal checks on legislative branch. Likewise, in the political science lecture of the Introduction to Political Thought and Theory in the March, Professor Al Schendan explains these structures as the necessary for liberty.
The 1960s was a period well remembered for all the civil rights movements that occurred during that time frame and the impact these movements had on the social and political dynamics of the United States. The three largest movements that were striving in the 1960s were the African American civil rights movement, the New Left movement and the feminist movement. These three movements were in a lot of ways influenced by each other and were very similar in terms of their goals and strategies. However, within each of these movements there were divisions in the way they tried to approach the issues they were fighting against. Looking at each of these movements individually will reveal the relationship they all share as well as the changes that were brought forth as a result of each groups actions.
One of the significant provisions that Congress uses to gain more power over the years is the Elastic Clause, also referred to as the “necessary and proper” clause. This part of the constitution provides the government with
In our countries government, Congress plays a major role in decision making. They’re primary role is to pass laws. These laws start off as bills. Bills can only be introduced by members of Congress. Although these bills only come from Congressman, there are many people who influence these bills. Such as the president, regular citizens, offices in the executive branch, and many others. The bills right off the bat do not have a very good chance of passage. Only one out of every ten bills even gets any attention at all. This is because they must go through many tests and hearings before they even have a chance of landing on the president’s desk. These steps in a bill becoming a law are very important, and make sure that all bills passed into law are the best of the best.
Approximately two billion people in the world speak English, a beautiful idiom that when used in the correct fashion is able to convey your exact thoughts or pictures into somebody else 's mind. This is a beautiful skill we have of manipulating sound waves to affect someone mentally, physically, and emotionally. With this invisible force we are able to control people 's feelings, make them sad, joyful, hysterical, angered, even excited. Yet are we using this power of ours effectively? How do you even use such a powerful skill effectively?