Powers Of The United States Constitution

The legislative branch, Congress, has the power to make laws valid for the whole country. Powers like the regulation of taxes, regulation of commerce between the states and with foreign countries, the power to declare war, and the power to impeach the President are some of the issues the legislative branch has to deal with. Congress has two chambers (or "houses"): the Senate and the House of Representatives ("the house").

The Necessary and Proper Clause is part of Article 1, Section 8 of the Constitution. Americans love the Constitution but little do they actually know about its powers. Powers, established in statements, which come along with bills from the House of Representatives, are tried by the Necessary and Proper Clause and determined Constitutional or unconstitutional.

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 Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws.

The Necessary and Proper clause goes by many names and known for causing many disputes throughout the United States in the late 18th and early 19th centuries. What the clause states is that "The Congress shall 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" (Document A). This means that the United States Congress possesses the abilities to create any and all laws that are essential for the Congress's power to be demonstrated. This goes for other powers stated in the constitution. However, some individuals find flaws in this clause,

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).

THESIS: The Legislative Branch consists of the House of Representatives and the Senate which forms the United States Congress; the Constitution grants Congress the single authority to pass legislation and declare war, the right to approve or reject Presidential appointments, and significant investigative powers.

The Necessary and Proper Clause in the United States Constitution states that Congress should have the power to make laws that are necessary and proper to carry out

The constitution splits the power given to national government into three branches, which are separate from each other: the legislature, the executive, and the judiciary. The separation of powers was based on the ideas of Montesquieu, with him ‘L’esprit de lois’ which means the spirit of the law. The executive plays the role of administrating law. The president does this in many ways , for example he; executes federal laws and programs, conducts foreign policy , commands the armed forces, negotiates treaties and other such roles. Checks and balances another main factor of the constitution comes in here, as the people get to keep a check on the president every 4 years with the presidential election, which stops any tyranny of powers. This can also be seen in another branch of government. The legislature passes law, this is done through congress. Congress is made up of the Senate and the House of Representatives. Its roles include;

These Powers are defines as: Enumerated, Implied, Inherented, and Prohibited powers. These powers are important, because they enforce the supremacy of the national government over the state government. Enumerated Powers are powers that are delegated by the Constitution. They are: The power to declare war, the power to levy taxes, borrow on the credit of the United States, establish post Offices and roads, provide a military, regulate commerce with foreign nations, and etc.

In article 1, section 8 of the constitution; it establishes congress’s enumerated powers. Just from this list of powers alone it is clear that the Framers intended for the legislative branch of government to be the most energetic and most powerful. Congress has the power to make laws, spend and raise money without the approval of the other branches of government, and to even declare war. Amongst these powers, congress also has many others, but these are just the main enumerated powers that congress has. Now, what makes congress so powerful in addition to its vast amount of enumerated powers is the fact that the other branches of government have relatively little power in checking the legislative branch and its powers. For example, under the power to make laws, the

The two powers of Congress are delegated powers and implied powers. Delegated powers are written in the constitution. They are powers that tell what Congress is responsible for and restricts what Congress does. The power to collect tax, to declare war, and coining money are all examples of delegated powers. Implied powers, which is also known as necessary and Proper Clause or Elastic Clause, are powers granted to Congress that are not specifically said in the constitution but are supposed to exist due to their being essential to implement the delegated powers.

One reason the president has the most power in the constitution he is the leader of the military and armed forces. This is immense power because he has the authority to declare war and make peace treaties. Over the years presidents have put huge focus on military and trying to keep the country safe , and as far away from war as possible. As jfk said “ let us never negotiate out of fear, but let us never fear to negotiate. This quote right here showed the power jfk had. He was a great president, a great man, and he knew he had the most power. But he also knew he couldnt abuse it. I feel like every presdent has felt this way, and thats just the way it is.

The Constitution gives Congress all of the legislative powers of the national government. The House and Senate share most of these powers. This includes the broad enumerated powers in Article I, Section 8, of the Constitution—for example, coining money, regulating interstate and foreign commerce, raising and equipping a military, and declaring war. The House and the Senate share most lawmaking powers. Bills must clear both chambers in exactly the same form before they are sent to the president for approval or veto.

The powers of the Congress are listed almost exclusively in the Constitution under Article I, Section 8 which state powers such as: the right to declare war, the right to establish a uniform Rule of Naturalization, and the right to regulate commerce with foreign nations. The Congress is also given the right to lay and collect taxes among other things. The House of Representatives has the greatest privileges of either the house or the senate. The House of Representatives has the power to impeach, or bring charges against, federal officials for misconduct. If no candidate in a