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The Powers Of The Legislative Branch

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1) The powers of the Legislative Branch a. Necessary and Proper Clause (Article I, Section 8, Clause 18) This clause was created to give the Congress powers to do everything that is considered as necessary and important. With this clause, Congress can create laws and have power to make actions in situations where the Constitution does not give permission to act. The clause is also called the Elastic Clause. The draft of this clause brought disputes between anti-federalists, who believed that the clause would give government too much power, and federalists, who assumed that the clause is just a permission to act given by the Constitution. b. Commerce Clause (Article I, Section 8, Clause 3) The Commerce Clause gives Congress powers to regulate and control business of different kinds between foreign countries, different states, and Indian tribes. Any kind of commerce that exists in a state is controlled by that state and is called intrastate commerce. Interstate commerce is commerce between citizens of different states. Commerce with foreign nations is trade relationships between American citizens and citizens of foreign countries. Commerce with Indian tribe occurs between the Unites States and American Indians. This clause was created to eliminate competitiveness between the groups of the states that had an access to major harbors and those states, which were not close to them. 2) The powers of the Executive Branch a. Appointment powers (Article II, Section 2,

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