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,
The branch that I feel is the uttermost powerful is the Legislative. I say this considering the legislative branch deals with all the laws and, everything has to be passed by them in order for it to become a real law and etc . The legislative branch is made up of two houses in congress . Which is made up of the Senate and the house of representatives . In total there are 100 senators out of all of the States and they are elected by the state and the serve 6 year terms . The vice - president is said to be in charge of the senators . The House of representatives has 435 representatives . The number of representatives is determined by how prodigious each state is . The state of California has 53 representatives and is the state that has the greatest
The Elastic Clause is the first reason that the Constitution is still around and still used today. The Elastic Clause is a part of the Constitution that allows Congress to make new laws in order to adapt to the people and the world around them. This clause is helpful because Congress is capable of changing laws to allow them to adapt to the changing world. Congress can make
Our Legislative branch of government has many powers granted and denied/outlined by our Constitution. These powers include (but are not
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 Elastic Clause is a statement in the first article of the Constitution. Also known as the “Necessary and Proper Clause,” it says that Congress has the power to “make all laws which shall be necessary and proper.” This means that Congress has implied powers to carry out laws that have been expressed in the constitution. One example of a time that the elastic clause has been used was when the federal government created a national bank. This shifted more of the power from the states to the federal government by giving it implied powers. With the elastic clause, the federal government creates more of its own laws.
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.
I believe the legislative branch has more power according to the constitution. One reason why i believe this is the legislative branch has more power The legislative branch makes the laws for the country. The power includes passing laws, spending bills, and approving treaties. If the President vetoes the law, then the House and Senate can vote again on it. If 2/3rds of both approve, it can become a law anyway. Judges confirmed by the Senate.
Next, the Court examined the clause's phrase "commerce among the several States," concluding that the word "among" means "intermingled with." Accordingly, Congress' power to regulate interstate commerce does not "stop at the external boundary line of each State, but may be introduced into the interior." In other words, Congress may pass any law that regulates commerce, so long as that commerce is not wholly confined within a single state, and its power to regulate such commerce is plenary. Under this interpretation of the Commerce Clause, Congress' clearly had the authority to regulate the commercial steamboat route between New York and New Jersey. It was assumed that the licensing act of 1793 did this and that the New York law in question
A power that the executive branch has over the legislative branch is that the president, executive branch, can veto any laws that the congress, legislative branch, may try to pass.
A. The first step in the legislative process is the introduction of a bill to Congress.
The importance of the necessary and proper clause from Article 1, Section 8, of the Constitution, is extremely important because it provides congress with the "power to make all laws "necessary and proper" to carry out its expressed powers" (Ginsberg, et.al., p. 78). This clause paved the way for congress to gain more power not expressly stated in the Constitution (Davis Video Lecture). The case of McCulloch V. Maryland in 1819 introduced the implied powers of congress through the necessary and proper clause (Davis Video Lecture). The issue with the case was whether congress had the "power to charter a national bank", in which Justice John Marshall stated it did because the power was "implied" from enumerated powers of congress (Ginsberg, et.al.,
Another well-known clause that the framers also included in the Constitution is called the elastic clause or the “necessary and proper” clause. The framers thought that the US government had to adjust with changes in order to be effective (75). The elastic clause in Article 1, Section 8 of the Constitution gives Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing Powers…(75).” This means that if Congress needs to make a law that will help them enforce anything written in the Constitution, they will have the power to do it. An example of this is Congress passing a law that requires all employers to pay their employees a minimum wage, which would revolve around the federal government enforcing Amendment 14.
It grants Congress the powers that are implied in the Constitution, but that are clearly stated. This is why the powers derived from the Necessary and Proper Clause is referred to as implied powers (Necessary and Proper Clause 2016). The Necessary and Proper clause is a clause that was put into place was to ensure that the laws that are written are necessary and not just for any particular reason. The Necessary and Proper Clause grants the government some very important duties, like aid and organize the judiciary branch. They also allow Congress to impose and collect taxes, impose duties and excises, regulate foreign trade among states as well as internationally, borrow money for the U.S., and establish a military to provide for the safety and security of the American public. By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, while no other clauses in the Constitution do so by themselves (Vile,
The Legislative Brach of the federal government is made up of two Chambers, the House of Representatives and the Senate. These two bodies draft and pass laws that, if signed by the President of the United States, govern the United States and it's citizens.
“We the People of the United States, in Order to form a more perfect union… do ordain