Necessary And Proper Clause Analysis

First, the Constitution guards us from tyranny by dividing powers between the central and state governments otherwise known as federalism. The Constitution expressly granted broad powers to the federal government, but not to the states. For instance, the Constitution includes the Necessary and Proper Clause, which allows Congress to make any law they deem appropriate to fulfill its duties. Instead of showing how much power that states have, the Constitution stressed what the states couldn 't do. The addition of the Bill of Rights, including the Tenth Amendment, helped to correct some of this imbalance. The Tenth Amendment reserved to the states or the people all powers either not specifically delegated to the national government or specifically denied to the states. This meant that the central and state

The main purpose of the U.S. Constitution is to provide the basic rights of all citizens and provide direction how the government should work.The Constitution also provides the structure for law. and it has three branches; federal judiciary branch, legislative branch and executive branch.

Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.

The Necessary and Proper clause is the clause that allows congress to better do their job. It allows them to make all laws which are ruled necessary and proper to be carried into execution by the next powers. In the US constitution article 1, section VIII it states the following, “The Congress should 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 is what the Necessary and proper clause is. If you look at enumerated powers you see that it grants powers explicitly to congress. Implied powers are granted to congress that has assumed in order to better do its job. Reserved powers are powers that the Constitution does not give to the national government and are kept by the state. The Necessary and

The Elastic Clause is the first reason that the Constitution is still around and still used today. The Elastic Clause is a part of the Constitution that allows Congress to make new laws in order to adapt to the people and the world around them. This clause is helpful because Congress is capable of changing laws to allow them to adapt to the changing world. Congress can make

One of the Articles of the Constitution is about the Legislative Branch, or the congress. It tells them what they can and can’t do to people. It shows how it will be broken up into 2 houses of government, and what lawmaking abilities they can use. It gives them a certain amount of power, which helps our country. The framers wrote this detailed description for the legislative branch so that always knew

The Constitution was written in order to replace the Articles of Confederation and create a centralized government. Times continue to change, and therefore laws must be altered such to keep up with those changes. This was the sole purpose of the amending process of the Constitution. The purpose of the very first amendment was to allow Congress the authority to get involved with state powers that was not allowed at first. This article, Article 1, has been very controversial and confusing at times. It has been a part of our judicial system in judgment of laws and their necessity and still affects us today.

Recently, the federal government has crossed the line in regards to its actual power. In passing the Patient Protection and Affordable Care Act, the federal government is essentially ignoring many vital sections of the Constitution that help keep it in check. These fundamental restrictions help prevent an abusive and tyrannical government. The fact that this law still remains in place today shows that these constitutional restrictions on the federal government no longer apply, and that the federal government essentially has unlimited power. This act is unconstitutional due to its violation of the Commerce Clause, the Tenth Amendment, and the Origination Clause.

The Constitution of the United States was made through compromises that not everyone agreed on but they came to an agreement on what they thought it should be. Before all of the fifty states were founded there was not a Bill of Rights, it was not until the new government was up and running before the Bill of Rights was added. The reason for this was that the framers of the constitution did not realize that the Bill of Rights was necessary to have at the time. A certainly important choice that was made was how our government was to be

The Constitution was created so one person or group wasn’t able to get too much power. At first, the Articles of Confederation was made. The Articles of Confederation was not working because the central government didn’t have enough power to protect the nation. The Constitution was made in order to hold the states together and the people together, and make sure the government doesn’t gain too much power. The Constitution guards against tyranny. Tyranny is “The accumulation of all powers…in the same hands, whether of one, a few, or many” (Federalism Paper #47). The Constitution guards against tyranny by separation of powers, creating federalism, and having checks and balances.

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

The Constitutional is centered around power and where that power comes from. The enumerated powers established in Article 1, Section 8 have also given Congress the power to carry out laws in order to follow previously established powers. Governments stretch and bend problems in such a way that they will fit under the enumerated powers of the Constitution. All the enumerated powers have a list of adjunct statute not stated in the strict interpretation of the power. The Necessary and Proper Clause authorizes Congress to pass laws and the adoption of theses laws prompt questions. Examples of questions would be: “How strong must the means-end connection between the primary policy and the secondary rule be?” or “ What are the side effects of this law and how does it impact society?” Laws passed under the clause are placed under judicial review which determines if it applies under the Constitution.

An example of checks and balances is the two-third vote of Congress to approve a bill that the president has vetoed. Another provision of the Constitution that provides a means of preventing the abuse or misuse of governmental power is higher law which is to be obeyed by the government in the U.S. Constitution. The higher laws were established to protect individual rights. The government cannot use any of its power to take these rights away from any person without due process of law or in times of war. The last but not least provision that prevents the misuse or abuse of governmental power is the Bill of Rights. The Bill of Rights was put into our Constitution to help each person receive the rights they deserve, and to limit the government’s power in order to secure people’s rights.

The founding fathers wanted to create a constitution because many believed that the national government had to be stronger than what it had been with the use of the Articles of Confederation. But at the same time they were fearful of human nature and how often it could be seen in the history of other countries such as Britain, for people in the position of power to infringe on the rights of others, by becoming hungry with power. Taking this into account, they wanted to create a government with another power to keep order and to govern. But also make sure there were sufficient checks put in

Enumerated power does include taxation and the regulation of commerce as well the authority to provide for the national defense (Paterson, 62). The enumerated power was to create a strong union to secure in it defense and in its economy. For instance, the government can't interfere with the right to free speech or the right to bear arms. But most of the Constitution is a list of cans, or things the government is allowed to do a list of given powers, which we sometimes call expressed and sometimes call delegated, but when we're feeling formal, we call them enumerated powers. The Article, Section 10 does not want the state to raise armies, waging war, printing money, and entering into commercial agreements with other states without Congress approval. Article VI of the Constitution creates a supremacy clause to prevent problems with the national authority and the laws of the state. Supremacy clause will provide that the laws of the United States shall be the supreme law of the