Essay on Does Congress Have Too Much Power over Commerce?

The Elastic Clause is a clause that gives Congress the power to do what it must in order to lead. It gives Congress the ability to create laws and govern the nation through any means necessary. The first such major Supreme Court Case to deal with this clause in the Constitution was McCulloch v. Maryland (1819). The issue at hand was whether the United States had the power to create the Second Bank of the United States which had not been written in the Constitution. Further, at issue was whether a state had the power to tax said bank. The Supreme Court's final decision was for the United States. John Marshall, as the Chief Justice, wrote the majority opinion which stated that the bank was allowed because it was necessary to ensure that Congress had the right to tax, borrow, and regulate interstate commerce as granted it in its enumerated powers. They received this power through the Necessary and Proper Clause. In McCulloch vs. Maryland, Chief Marshall's justification was "This provision is made in a Constitution intended to endure for ages to come, and consequently to be adapted to the various crises of human affairs." Marshall is saying that congress decision to make is a national bank is justified because the elastic clause gave them power to execute the

The Power and Significance of Congress Firstly it is important to look at the power and significance of congress as a legislative body. This includes the creation of law, and the scrutiny of the executive. Because the US federal system is ruled by 'separation of powers', it is important that the legislative - congress - acts as a good check and restraint on the executive - the president.

The Commerce Clause is an enumerated power listed in the Constitution in Article 1, Section 8, and Clause 3. The Clause states that the United States Congress shall power, “To regulate Commerce with Foreign Nations, and among the several States, and with the Indian Tribes.” The Commerce Clause represents one of the most fundamental powers delegated to Congress. The 5th Circuit Court of Appeals agreed with Lopez and reversed his conviction, holding that, “Section 922, in the full reach of its terms, is invalid as beyond the power of Congress under the Commerce Clause” (Source 1.)

Some might think that it gives Congress the power to do whatever it wants to do, but that is not so. Congress should only use this clause to create legislation directly relating to an expressed power in the Constitution. The laws should only be what is necessary and proper. If legislation does not meet either of these requirements, it is not in Congress’s power to enact it. The necessary and proper clause, though sometimes used correctly, has often been misused. One example can be found in a court case that took place in 1896 (United States v. Gettysburg Electric Rail Co.). The case decided whether Congress had the power to condemn a railroad’s land. The necessary and proper clause, wrongly used, justified that Congress had the power to condemn that land and create a park. Congress argued that this decision fell under Congress’s expressed power to raise and equip armies. This is just one example of many. When the national bank was created many people thought that this stretched the necessary and proper clause. The necessary and proper clause had been stretched many times. The clause is sometimes called the “elastic clause” because of its

According to Edmund Randolph, he believes that "the phrase, 'and proper,' if it has any meaning, does not enlarge the powers of Congress, but rather restricts them" (Document G). Randolph also says that the clause states that no power is to be accepted under the said clause unless it is expedient, meaning necessary and possibly improper. In the McCulloch vs. Maryland case, the unanimous opinion was that the Sweeping Clause, another name of the Necessary and Proper Clause, did in fact give Congress a power rather than a limitation, and claims to be increasing the power of the Government vested powers instead of lessening them (Document I). The whole debacle that led to the McCulloch vs. Maryland case was that Maryland, a state, tried to tax the federal government and the state was then sued by James McCulloch, a federal cashier of the United States Bank. The government's defense was that creating a national bank was a power they possessed and could not be denied, and that they could not be taxed by a lower power. Before this case ever began, Alexander Hamilton had noted that "it is expressly to execute these powers that the sweeping clause ... authorizes the national legislature to pass all necessary and proper laws," (Document M), which is similar to how the government explained

In the past century, people continued to express an increasingly discontent view of Congress especially true when one looks back before the Clinton Impeachment debacle As the size of the nation and the number of congressman have grown, the congress has come under attack by both public influences and congressman themselves. Yet looking at one congressman's relationship with his or her constituents, it would be hard to believe that this is the branch of government that has come under suspect. In "If Ralph Nader says congress is 'The broken branch,' how come we love our congressman so much?" author Richard F. Fenno, Jr., provides insight into this view and why, through congress coming under fire, constituents still feel positively about

Many controversial topics have surfaced recently, but one that tends to fly under the radar is lobbying. Lobbying is defined as a group of persons who work or conduct a campaign to influence members of a legislature to vote according to a group’s special interests (“Lobby”). Although average citizens are not fully aware of the issue, it is quite contentious in politics. For those who are against it, they believe that restrictions should be placed on lobbying because it distorts democracy. Lobbyists use money and cost-effective strategies to sway the opinions of lawmakers. Others see lobbyists as effective, political tour guides who help pass legislation. An analysis of the lobbying process reveals the outcomes are often

The Necessary and Proper Clause can sometime be called the “Coefficient” or “elastic” clause, is an enlargement, not constriction, of the powers expressly granted to Congress. These powers and duties can be found in several places in the Constitution. The Necessary and Proper Clause allows the congress, to establish the laws in which we follow to be necessary and proper to be implemented in all powers vested by the Constitution in the government of The United States also known as the (Article 1, Section 8, Clause 18).

The president is the foreign policy leader for the United States with an important political, military and economic role in the international arena. If there is collision between the president and congress, can congress restrain the president in foreign policy making?

The importance of the necessary and proper clause from Article 1, Section 8, of the Constitution, is extremely important because it provides congress with the "power to make all laws "necessary and proper" to carry out its expressed powers" (Ginsberg, et.al., p. 78). This clause paved the way for congress to gain more power not expressly stated in the Constitution (Davis Video Lecture). The case of McCulloch V. Maryland in 1819 introduced the implied powers of congress through the necessary and proper clause (Davis Video Lecture). The issue with the case was whether congress had the "power to charter a national bank", in which Justice John Marshall stated it did because the power was "implied" from enumerated powers of congress (Ginsberg, et.al.,

What is your opinion on climate change? Did you know that on average every year on average, we lose about 400,000,000,000,000 tons of our glacier ice if you ask me we need to take action NOW to help put laws in place on climate change. Others think that congress should wait to make laws.There are many reasons that support both, although I think that congress should act now. My three reasons are Sooner actions would help push other countries into agreeing on new laws.Passing a big national climate change law would be a good start.Congress should explore all its tools so it can find ways to appeal to all our leaders. Those are my three claims on why laws should be made Now on climate change.

One of the many powers given to Congress by the Constitution is the Commerce Clause. This clause allows Congress to regulate commerce between foreign nations, states, and Indian tribes. The authority laid out authorizes Congress to pass laws that ultimately regulate activities of states and citizens and free the restraints of states who feel otherwise. Throughout the history of the United States, the Commerce Clause has caused controversy over the extent that Congress can justify the use of this clause to pass laws. The Supreme Court has been relied on to determine the constitutionality of the laws and settle the controversies. One of these controversies lies within the Supreme Court case of United States v. Lopez.

The Commerce Clause is where Congress’s broadest powers are derived (Melvin, 2015). Courts are highly regardful to congressional action in fields that impact interstate commerce.The constitutional power to regulate (1) channels of interstate commerce such as railways and highways, (2) the instrumentalities of interstate commerce such as vehicles used in shipping, and (3) the articles moving in interstate commerce are in the hands of Congress.Even for commercial activity that is purely intrastate (taking place within one state’s borders), Congress has the power to regulate the activity so long as it has a substantial economic effect on interstate commerce. For example, a legislative act was passed in the state of Illinois demanding that commercial

The fundamentals of the constitutional evolution through interpretation was mostly illustrated in the manifestation of the Commerce Clause of the United State Constitution (Noyes, 1907). Prior to the espousal of the Constitution, the Articles of Confederation authorized the commerce of the country to be under the control of the state legislatures which reserved to the states the right to impose taxes, except when it interfered with the stipulations of treaties involving other countries. Consequently, the diverse regulations caused confrontations among the states. The existence of the United States as a commercial power made it necessary for the country to be the paramount authority to control intercourse between all the states. The monetary

constitution gives Congress the power “to regulate commerce … among the several states …” So long as