The Necessary And Proper Clause Gave Congress

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

It states, "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 other department or officer thereof." The necessary and proper clause is tied closely to the supremacy clause of the Constitution. "This Constitution, and the laws of the United States which

unconstitutional because one would need to use the necessary and proper clause which most people feared because it gave the government too much power. This, however, is not so Alexander Hamilton’s financial plan however was mostly constitutional because it allowed it to use the powers as well as responsibilities congress already had such as print its own form of currency, issue

used right and where it can’t be applied In the constitution, Article one, Section 8, Clause 18: also, known as the elastic clause. “To make all laws which

Constitution in ways that have expanded the powers of Congress, making them most responsible for the growth of federal power. In the Constitution, the Commerce clause was created to regulate interstate commerce, but after the Supreme Court ruled on cases the interpretation changed and the federal government can now regulate commercial activities including minimum wage and labor. The Court broadened the “Necessary and Proper” clause when it ruled that Congress can establish a federal bank. Finally, the Court

time had regulated federalism where congress would impose legislation on the states and local governments requiring them to meet national standards. This then led to what we know now, New Federalism where the federal government transfers certain powers back to the states. New Federalism has been around since the nineteen-seventies. In Article I, Section Eight, of The United States Constitution the Commerce Clause is introduced. The Commerce Clause gives congress the power to regulate interstate commerce

duty of the judicial department to say what the law is” (text at pages 72-73). Marshall gave the courts the right to overturn cases against the legislative or executive branches, known as judicial review, giving immense power to the judicial branch. Marbury arose out of partisan politics. John Adams, a Federalist, lost the presidential election to Thomas Jefferson, a Republican. The Federalist Congress scrambled to pass the Organic Act authorizing President Adams to appoint forty-two justices

guaranteed states equal representation in the Senate Made states responsible for both state and national elections Guaranteed that Congress couldn 't forbid the creation of new states by dividing old ones unless by the consent of the state governments Created obligations of national government to protect states against violence and invasion Supremacy clause: the clause in Article VI of the Constitution that makes the Constitution, national laws, and readies supreme over state laws as long as the national

Constitution, it gives Congress an opportunity to stretch out its powers. Our founding fathers found this to be an extremely important part of the Constitution. The United States has made an enormous change from the 1700’s to the 2000’s. Like our way of dressing, transportation, and even speaking. They knew that the United States of America would not stay the same, and therefore created the elastic clause which allowed them to have a loose interpretation of the Constitution. The elastic clause is found in

Ware where the Court ruled that Congress could not levy a poll tax. What becomes apparent though, is that Congress (along with the Court) become more hesitant to implement their limitations and more likely to express their power. The Court was presented with a case that placed state interests in the Tenth Amendment in direct conflict with the Constitution and the Necessary and Proper Clause. In, McCulloch v. Maryland (1819) Justice Marshall argued that Maryland