The 18th Clause of Section 8, Article I allows for Congress to make any laws that are necessary or proper to assist other clauses in enforcement. Through the course of United States (US) history, the Necessary and Proper Clause has been debated on, used heavily and lightly, and has also helped the US succeed as a prosperous nation. Because there is no basic description for the 18th Clause, there have been no direct rules for interpretation by the government. Once the ratification process passed for the new US Constitution, two political figures, Thomas Jefferson and Alexander Hamilton, begun the first debate about the creation of the First Bank of the United States. Hamilton argued the bank was related to powers within the Necessary and Proper Clause; whereas Jefferson argued that it was not an exception to the clause’s powers. Also, the 18th Clause has caused debate on the constitutionality of court decisions and actions of states. It allowed for the national government to turn down a state’s right to tax the Second Bank of the United States. …show more content…
In most recent points of history, different political eras have used the Necessary and Proper Clause to create laws and powers for the government not written in the US Constitution.
Many people believe that the 18th Clause has been violated and misinterpreted by recent court decisions. The United States v. Comstock (2010), is an example of where the public was split whether or not that is was a just and constitutional decision. There have also been times where the general public believed the Necessary and Proper Clause was used lightly, turning down multiple bills in Congress. Creating an stance that Congress should have passed the bill because of its relation to the 18th Clause, instead of denying
them. Although the 18th Clause has judged by many people, there have been many benefits from laws that were passed by congress, despite no relation within the Constitution. In the 1950s, President Eisenhower created the idea for a national highway system. The approved Interstate Highway Act was put into action and has given many economic benefits by promoting commerce and trade within the nation. Another example, was the Sherman Antitrust Act, which allowed the government to regulate businesses that have created monopolies and limit their actions to hold their entire market. Personally, the Necessary and Proper Clause has been used in abusive ways, possibly endangering public safety, but has also been used to create a better general welfare for the people in the US. There would be very little changes done, because it remains simple to allow for laws based on new conditions to be created, but there could be guidelines or restrictions to prevent abuse of the clause. In conclusion, the 18th Clause of Section 8, Article 1, provides for congress to create new laws to make better conditions for the US and its citizens. Although it has received criticism and abuse, this “elastic clause” has provided a simple way for the US to create effective and beneficial laws.
John Adams and Thomas Jefferson brought many different viewpoints and strengths after the establishment of the Constitution but they both put the nation’s stability first and wanted to preserve the wellbeing of the people first by Adams ending the Quazi war and Jefferson making the Louisiana Purchase.
Abraham Lincoln became the United States ' 16th President in 1861, delivering the Emancipation Proclamation that declared forever free those slaves within the Confederacy in 1863. If there is a part of the United States History that best characterizes it, is the interminable fight for the Civil Rights. This he stated most movingly in dedicating the military cemetery at Gettysburg: "that we here highly resolve that these dead shall not have died in vain--that this nation, under God, shall have a new birth of freedom--and that government of the people, by the people, for the people, shall not perish from the earth. "The Declaration of Independence states “All men are created equal”.
Section 1. of the Amendment XXVI of the Constitution of the United States (US) states that the right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Both houses of the Congress passed the amendment in March 1971.With thirty-eight states adopting it by July 1971; the 26th Amendment was ratified because the prerequisite for three-fourths of states approval had been achieved. President Nixon signed the amendment into law in the same year making the 26th constitutional amendment the quickest to ever be incorporated into the US Constitution. The amendment evoked diverse reactions amongst the public, with some saw it as a judicious
The issue of whether or not America should have a National Bank is one that is debated throughout the whole beginning stages of the modern United States governmental system. In the 1830-1840’s two major differences in opinion over the National Bank can be seen by the Jacksonian Democrats and the Whig parties. The Jacksonian Democrats did not want a National Bank for many reasons. One main reason was the distrust in banks instilled in Andrew Jackson because his land was taken away. Another reason is that the creation of a National Bank would make it more powerful than...
The eighth amendment of the United States Constitution prohibits cruel and unusual punishments. New Cutting edge technology carries with it the likelihood of new treatment for criminals. A fictional example of such technology is Ludovico treatment, which alters the consciousness of a criminal and makes them non-violent. The use of the Ludovico treatment on prisoners can be considered a cruel and unusual punishment and thus violate the eighth amendment. Even though this treatment may be technically unconstitutional, it would be allowed in the United States for the betterment of society.
The 19th Amendment recognized the right of women to participate in politics equally like men. Well, do you know when it was ratified? It was on August 8th, 1920, which is really recent. After more than seventy years of relentless work, women finally won the struggle. The 19th Amendment to the U.S. Constitution prevents the United States federal government and the states from denying the right of citizens to vote on the basis of their sex. In other words, it guarantees the right to vote for all Americans including blacks and women. This amendment resulted in some impacts on American society. It also resulted in a significant change in American politics.
The nineteenth amendment has changed the way women were treated and looked upon.There are many ways the nineteenth Amendment has changed in a bad was, but most of them have made a positive impact. Some people went along with the 19th amendment but some people didn’t think it was a good idea. Some people don’t know what or how the 19th amendment changed positively for women. But this paper is gonna show you all the ways it has positively changed the way people view and act towards women.
a bank for the United States. Hamilton said that the right to create the Bank
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...
Going hand in hand with his detestation of large, extremely controlling national governments, Jefferson was intent on having no national bank present in the US, but Hamilton was certain the country would benefit from one. For example, in a personal letter written by Alexander Hamilton, he wrote, “Mr. Madison, co-operating with Mr. Jefferson, is at the head of a faction, decidedly hostile to me, and my administration; and actuated by views... subversive of the principals of good government, and dangerous to the Union... Mr. Jefferson... [displays] his dislike of... funding [the] debt.” (Doc 2) Hamilton implied that by not advocating a national bank, Jefferson did not want to help the country pay off its debt. Jefferson, however, was dead set against having a national bank because he wanted the common people, such as the farmers, to have maximum influence on the government. This way, a strong central government could not have supreme political, economic, and social power, all of which together would open the doors for future corruption, even if the government was set up in the manner directed in the Constitution. Jefferson defended this judgement to the extent that he formed a political party so it could develop into a well-supported suggestion. Thus, the perspective on national banks could more efficiently progress into the point where it impacted the whole country and prevented the formation of a national bank. Equally, the excise tax proposed by Alexander Hamilton and carried out by Congress, factored in on Hamilton and Jefferson’s feud on having a national bank. In a letter written by Thomas Jefferson, he manifested his reaction to the excise tax by commenting, “The excise tax is an infernal one... [the public’s]
One such issue was that of the National debt and creating a National Bank. In 1790, Alexander Hamilton proposed that Congress should establish a national bank, in which private investors could buy stock, could print paper money, and keep government finances safe. Washington signed the bill establishing a national bank and started a strong foundation for a thriving economy and a stable currency.
James Madison was no stranger to opposition. In publishing an essay referred to today as Federalist Essay No. 10, Madison participated in a persuasive attempt to ratify the Constitution, a document he drafted and for which he is credited as its “Father”. Along with John Jay, who became the United States’ first Supreme Court Chief Justice, and Alexander Hamilton, who became the first Secretary of the Treasury, Madison articulates in his writing the necessity of the Constitution as a remedy for the extant ills of an infant nation recently freed from the grasp of distant monarchical rule. This young nation faltered under the first endeavor of organized government, the Articles of Confederation. The Articles were designed during a period of emerging
After the first War for Independence, The United States was approximately $52 million in debt. Due to having such bad financial problems, the United States created a national Bank to create one unified currency, to take away all state debts, and to issue loans to the people to promote growth. This National Bank was created by Alexander Hamilton who was a Federalist, and once Jefferson came to be the President, he continued the idea of the national bank because it was helping to reduce the national debt. The primary reason for the National Bank being a representation of a Federalist idea was because since it was issuing loans to people it was able to promote industrial growth which was one of the main goals of the Federalist party. From Jefferson continuing the use of the National Bank thru his presidency he demonstrates his need to continue a loose constructionist idea.
The debate over the Alien and Sedition Acts of 1798 revealed bitter controversies on a number of issues that had been developing since the penning of the Constitution. The writers of the document knew that over time the needs of the nation and its people would change, and therefore provided for its amendment. But by not expressly delegating powers to specific organizations, whether the federal government, state governments, or the people themselves, they inadvertently created a major problem in the years to follow: Constitutional interpretation.Shortly after the Constitution's ratification, two distinct camps formed, each believing in opposite manners of interpretation. One group, the Federalists, led by the newly appointed Secretary of the Treasury, Alexander Hamilton, thought that the Constitution should be interpreted very loosely. He claimed that the Constitution contained powers other than those delegated or enumerated. These unspecified powers were implied powers.
We live in the post restitution era. Mark Levin’s book is about amending the Seventeenth Amendment. By passing the Seventeenth amendment Levin explains how it took away the states’ voice and power in the federal government and their power. Levin explains different reasons why we should eliminate the Seventeenth amendment and go back to the original ideas of the Framers in order to go back to the checks and balance. The Seventeenth Amendment serves no one but the federal government, giving them more unnecessary powers. The Amendment takes away the states input in lawmaking, gives more power to the federal government and expands the power of the president.