Necessary And Proper Clause Analysis

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The Constitution of the United States was written to allow the government certain powers often referred to as enumerated powers. During the Constitutional Convention, resolutions were drafted concerning these various powers. They were put into place to ensure that the Constitution was specific in what powers the government would be able to authorize. The writers of the Constitution drafted the Necessary and Proper Clause for a similar reason: to establish the model that Congress can make laws that will carry out the authority assigned to the central government by the Constitution (Levy, 2016). During the formation of the U.S. Constitution, this clause became very important as the government had to be organized and established, and this clause…show more content…
It grants Congress the powers that are implied in the Constitution, but that are clearly stated. This is why the powers derived from the Necessary and Proper Clause is referred to as implied powers (Necessary and Proper Clause 2016). The Necessary and Proper clause is a clause that was put into place was to ensure that the laws that are written are necessary and not just for any particular reason. The Necessary and Proper Clause grants the government some very important duties, like aid and organize the judiciary branch. They also allow Congress to impose and collect taxes, impose duties and excises, regulate foreign trade among states as well as internationally, borrow money for the U.S., and establish a military to provide for the safety and security of the American public. By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, while no other clauses in the Constitution do so by themselves (Vile,…show more content…
In National Federation of Independent Business v. Sebelius the Supreme Court ruled that the individual mandate of the Patient Protection and Affordable Care Act cannot be upheld under the Necessary and Proper Clause. Chief Justice John Roberts wrote in his ruling that the mandate cannot "be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act’s other reforms. Each of this Court’s prior cases upholding laws under that Clause involved exercises of authority derivative of, and in service to, a granted power. [...] The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise be outside of it. Even if the individual mandate is “necessary” to the Affordable Care Act’s other reforms, such an expansion of federal power is not a “proper” means for making those reforms effective” (Roberts,2012). The Necessary and Proper clause plays and important part in ensuring that not one branch of the government out powers the other. They allowed the government to established laws that wouldn’t be fair and necessary. Without this clause, the government could put into place laws that weren’t beneficial to the people. This clause remains one of the most important clauses even
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