Why Is Necessary Clause Important To The Federal Government

Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.

The Constitution was written in order to replace the Articles of Confederation and create a centralized government. Times continue to change, and therefore laws must be altered such to keep up with those changes. This was the sole purpose of the amending process of the Constitution. The purpose of the very first amendment was to allow Congress the authority to get involved with state powers that was not allowed at first. This article, Article 1, has been very controversial and confusing at times. It has been a part of our judicial system in judgment of laws and their necessity and still affects us today.

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.

The necessary and proper clause in the Constitution is a point of contention in the United States. Congress is given many implied powers in Article I Section 8 Clause 18, but this clause has been misinterpreted and the powers over-used.

The primary source is Federalist paper No. 10, which is a the first of James Madison’s contributions to the series of essays known as the Federalist Papers. This essay is a highly regarded paper among the collection. The Federalist No. 10 is merely rhetoric used to rationalize the benefits of a new system of government, explain how the new union will be constructed and most crucial to the essay, sway public opinion to support the ratification of the new constitution. This particular primary source is imperative to understanding the complexity of the United States government at the time of its birth as well as now. Madison makes an argument that the expansion of the federal government is necessary to protect liberty against the excess of democracy. The document reveals the advantages of a Republic and serves as an explanation as to why the U.S. espouses a Republican form of government and the Constitution.

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.

shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of

This article, "The Necessary and Proper Clause" also known as "The Elastic Clause," gives Congress the power to broaden its powers and keep Federal balance. Supreme Court Justice Marshall presents an argument that supports Congress' regulation over all commerce. He clearly says, "It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Where the Constitution states, "Congress shall have power to regulate commerce with foreign nations, among the several States, and with the Indian tribes," the word "among" means intermixed with. Commerce may concern more than one state, therefore Congress needs to act "within the territorial jurisdiction of the several states" The Supreme Court held that the power of Congress includes navigation within its limits in every State. Any state activity that attempts to regulate interstate commerce is completely unconstitutional because in dealing with interstate commerce, it can be inferred from the Constitution that the Federal government must regulate interstate commerce. The Constitution did not provide states with the power to regulate commerce between states so it is imperative that the federal government intercedes. Although the only

According to Edmund Randolph, he believes that "the phrase, 'and proper,' if it has any meaning, does not enlarge the powers of Congress, but rather restricts them" (Document G). Randolph also says that the clause states that no power is to be accepted under the said clause unless it is expedient, meaning necessary and possibly improper. In the McCulloch vs. Maryland case, the unanimous opinion was that the Sweeping Clause, another name of the Necessary and Proper Clause, did in fact give Congress a power rather than a limitation, and claims to be increasing the power of the Government vested powers instead of lessening them (Document I). The whole debacle that led to the McCulloch vs. Maryland case was that Maryland, a state, tried to tax the federal government and the state was then sued by James McCulloch, a federal cashier of the United States Bank. The government's defense was that creating a national bank was a power they possessed and could not be denied, and that they could not be taxed by a lower power. Before this case ever began, Alexander Hamilton had noted that "it is expressly to execute these powers that the sweeping clause ... authorizes the national legislature to pass all necessary and proper laws," (Document M), which is similar to how the government explained

An example of checks and balances is the two-third vote of Congress to approve a bill that the president has vetoed. Another provision of the Constitution that provides a means of preventing the abuse or misuse of governmental power is higher law which is to be obeyed by the government in the U.S. Constitution. The higher laws were established to protect individual rights. The government cannot use any of its power to take these rights away from any person without due process of law or in times of war. The last but not least provision that prevents the misuse or abuse of governmental power is the Bill of Rights. The Bill of Rights was put into our Constitution to help each person receive the rights they deserve, and to limit the government’s power in order to secure people’s rights.

3b. Which amendment states that the powers not specifically delegated to the federal government are reserved to the states?

Expressed Powers are those powers explicitly named in the Constitution. They grant the legislative branch a large amount of authority over American national policy, both domestic and foreign. The Constitution states that the Congress shall have power to lay and collect taxes, imposts, duties, excises, to pay the debts and provide for the common defense and general welfare of the United States; but all imposts, duties, and excises shall be uniformed throughout the United States (Brady). There are a total of 27 expressed powers listed in the Constitution.

One of the many powers given to Congress by the Constitution is the Commerce Clause. This clause allows Congress to regulate commerce between foreign nations, states, and Indian tribes. The authority laid out authorizes Congress to pass laws that ultimately regulate activities of states and citizens and free the restraints of states who feel otherwise. Throughout the history of the United States, the Commerce Clause has caused controversy over the extent that Congress can justify the use of this clause to pass laws. The Supreme Court has been relied on to determine the constitutionality of the laws and settle the controversies. One of these controversies lies within the Supreme Court case of United States v. Lopez.

In 1791, the tenth amendment was added to the Constitution. The tenth amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." (Bailey 16) This

Implied powers are powers that are given to Congress by the Constitution in which they have the power to make any law that is necessary and proper for conveying the foregoing powers. Reserved powers fall under the tenth amendment, and their purpose is to reserve powers to the states. Concurrent Powers are the powers that both the national and state governments have such as the power to retain power for the regulation of commerce.