The Necessary And Proper Clause Gave Congress

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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. In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authority. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but the

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