The Article 1, section 8 of Constitution has highly increased the power of congress. Though the clause 1, the first power given to congress by the Constitution is the power to tax, and Congress also has the power to levy tariffs but it’s not allowed to charge more for imports into one state than into another. Then congress control the nation’s Finance and it’s make it has enough power to effect the politic. In the clause 2, congress are able to borrow money on the credit of the United State. It’s does offer any politic power to use, but its help the congress expansion the resource they can used. In the clause 3, congress has the power to impose regulations on interstate and international business, this clause given congress the power to manage the economic and business between the states and foreign Nations. This is a pretty trick clause, because this clause is too powerful to effect so many things, the judges used to understand this clause narrowly. Since 1930s, under the effluence of new deals, the Article 1, section 8, clause 3 allowing the government to regulate all kinds of economic activity, like setting a national minimum wage or setting the limit working hours in factory. Under the clause 4, the congress have the power to decide the rule of immigrant to citizen, and in other hand, congress have the power to setting rule for hopelessly indebted people and businesses to declare bankruptcy. Clause 5 is another important clause which expansion the power of congress to
These type of powers are only suggested by the Constitution. These powers are very small in number compared to those that are in the Constitution Article 1, Section 8. Almost all the powers that are implied are for domestic issues, with one being foreign. The foreign power deals with Congress having the power to implement a draft into the armed forces. Some of the domestic powers deal with economics, such as: Congress has the power to use money to support schools and social programs (welfare and social security), and have the power to control processes and procedures of the IRS. Other domestic powers include prohibiting discrimination (schools, restaurants, etc.), limiting legal immigrants to the U.S., and the last power is necessary and proper clause - Congress has the power to make laws that are necessary and proper to maintain “our” way of life. The problem I see here is Congress’s power to decide what’s right or wrong. The other type of power that isn’t in the Constitution is the Inherent powers. Inherent powers are basically powers that all governments of independent nations possess because they don’t need to be spelled out. The two examples from our notes are: the power to control borders and make agreements with other nations. All these powers give Congress the ability to control the people. Giving Congress the power to implement a draft is too much. The last time Congress implemented a draft was for the Vietnam War on December 7, 1972. A very rough estimate of the amount of draft dodgers for the Vietnam War was around 200,000. When you have that many people are avoiding a draft set by Congress, you know something went wrong. You give Congress the ability to have power of the people as toys in their war games without the approval of the population and then the population will respond negatively. Lastly we will talk about the one power not specifically in the Constitution, Congress’s
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 Constitution guarded against tyranny through separation of powers. Separation of powers is a system that divides governmental power between three branches and each branch has a different job. Document B is an excerpt from the Constitution. It was written by 55 delegates in 1787 during the Constitutional Convention in Philadelphia. The convention was held to make a new plan of government for the country after the Articles of Confederation were abolished. Document B says “All legislative powers herein granted shall be vested in a Congress of the United States...The executive power shall be vested in a President of the United States...The judicial power of the United States shall be invested in one Supreme Court.” This quote means that Congress
Nearly the late year of 1787, the U.S. Constitution was established, stating the basal laws and fundamental principles that the United States would be governed by. Many philosophers and political thinkers furnished a great comprehension for the modern day structures that are very active today. Our Founding Fathers created a system which divides different acts of government into the legislature, executive, and judicial branches. Following in the form of the Separation of Powers, the checks and balances system ensures that political power isn’t contributing to any individual or group that enables them to gain an abundant amount of power. For the instance of this, “the Constitution provides a method for change, as the Founders created it this
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
Article 1 of the U.S. Constitution gives Congress its powers and limits. Congress is the legislative branch of the government, meaning they are the ones to make laws for the United States of America. The article also creates the two sections of Congress, which is called a bicameral legislature. The first of the two is the Senate, which is made up of two senators from each state. The second is the House of Representatives, which has representatives from each state based on the
Article I, Section 8 states ‘The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United states, but all duties, imposts and excises should be uniform throughout the United States. Overall, “to make all laws which shall be necessary and proper for carrying into execution the foreign powers, and all other powers vested by this Constitution in the government of the United states, or in any department or office thereof (law.cornell.edu). What exactly does this mean? The Framers of the Constitution were trying to protect the states from foreign military warfare and commercial warfare against one another. This article gives Congress permission to promote the “general welfare” of the United States by
Article I Section 8 Clause 18 states that Congress has the 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”. An example of the use of this clause is Congress legislating punishment for not paying taxes. Article I gives Congress the right to tax and this example shows Congress protecting that right which is the purpose of the necessary
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.
The Articles have brought the United States to the point of humiliation. The vast majority of the people believe the state of the nation is in turmoil. A list of issues has been compiled such as large accumulation of debt, territories possessed by foreign powers, lack of a military, lack of money, decrease in property value, no credit available, lack of commerce, and over all lack of respect as a nation. Hamilton’s first and most important complaint is how the “principle of legislation in a collective manner creates multiple authorities” (Hamilton 2009, 15); therefore, the laws under the national government become merely suggestions to the states, and any changes that should be necessary have to come with the approval of all 13 states, essentially limiting any change. Secondly, congress has no army, and cannot enforce taxation laws over individuals. In Federalist 23, Hamilton argues for what powers the national government should have in order to provide for the nations defense, preserve peace, and regulate commerce, but in order to accomplish these, the government should be able to, with limitless goals, raise an army and a navy, and “the person charged with attaining the end, ought to possess the
This article, "The Necessary and Proper Clause" also known as "The Elastic Clause," gives Congress the power to broaden its powers and keep Federal balance. Supreme Court Justice Marshall presents an argument that supports Congress' regulation over all commerce. He clearly says, "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Where the Constitution states, "Congress shall have power to regulate commerce with foreign nations, among the several States, and with the Indian tribes," the word "among" means intermixed with. Commerce may concern more than one state, therefore Congress needs to act "within the territorial jurisdiction of the several states" The Supreme Court held that the power of Congress includes navigation within its limits in every State. Any state activity that attempts to regulate interstate commerce is completely unconstitutional because in dealing with interstate commerce, it can be inferred from the Constitution that the Federal government must regulate interstate commerce. The Constitution did not provide states with the power to regulate commerce between states so it is imperative that the federal government intercedes. Although the only
The Eighth Amendment to the U.S. Constitution limits the punishments that may be imposed by the government on American citizens. These limits are compulsory among the states by way of the Fourteenth Amendment. The English Bill of Rights of 1689 expressed concern with arbitrary and disproportionate sanctions, giving way to the Founders inclusion of the prohibition against cruel and unusual punishment. To explore the Eighth Amendment it is important to consider constitutionally accepted punishments, the ever-evolving practice of capital punishment, and eighth amendment protection inside prison walls.
But the articles denied Congress the power to collect taxes, regulate interstate commerce and enforce laws. Because of this, the central government had to request donations from the states to finance its operations and raise armed forces. The states attempted to limit the power of the national government because they feared that it would become a monarchy. In an effort to limit the power of the national government, Congress created one without enough power to govern effectively, which led to serious national and international problems.
The Unites States Constitution was created in 1787, and is the supreme law of this nation. It is the backbone on which laws to follow and how we live today. There are six characteristics of a market economy. Which as follows; Private property, Freedom of enterprise and choice, Motive of self-interest, competition, markets and prices and limited role of government.
Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions