Necessary and Proper Clause

Specifically, Article I, Section VIII establishes the enumerated rights and powers Congress possess. Generally, the necessary and proper clause in Section VIII is meant to expand the right Congress has “…to make all Laws which are necessary and proper…” On the contrary, this clause may be seen as a limiting agent. Congress should only adopt law, which are deemed necessary. Necessary means what is mandatory and requisite. In this context, regulating or adopting laws is fundamental in order to achieve

mandate within its borders. The state wishes for the court to find the mandate for it surpasses the limits of the commerce clause and the necessary and proper clause. The state also proposes that requiring the citizens that exist within its boundaries to purchase a good or service from a private vendor is out of the realm of congressional powers allotted by the commerce clause. The clause gives congress the power to regulate economic activity. However, ones refusal would constitute inactivity. Congress

borrow money, and regulate commerce with foreign nations and among the states, to have an army, to have a post office and to declare war. Clause 18 is the one who gives the legislative branch the power to make all laws which shall be necessary and proper. As well as carrying out the enumerated powers. The Necessary and Proper clause is also known as the Elastic clause. Which allows the legislative branch to remain flexible and the ability to adjust to certain circumstances that when something is required

The case of Dartmouth College v. Woodward (1819), questioned what under the contract clause was preserved by the Constitution and additionally disputed states assemblies jurisdiction to alter a charter. In 1769, the King of England charted Dartmouth College as a private university in 1816 the state of New Hampshire passed several laws to

governments control of the people. The necessary and proper clause/ elastic clause was supplementary to guarantee that the government had the approval to deal with any important matters in implementing the other enumerated powers as they came about (pp.186). The founders of the Constitution were aware that it would be a daunting task to mention every power that the government would need as America advanced. This in turn brought about the Necessary and Proper clause at the end of the enumerated powers

Article VI of the U.S Constitution contains the supremacy clause and is essentially declaring that it is “the supreme law of the land and superior to all laws adopted by any state or subdivision”(pg.71). In addition another main difference is the necessary and proper clause which is found in Article I, Section 8. This clause provides Congress to make all laws “necessary and proper to carry out its powers.”(pg.72) Throughout the history of Texas’s constitutions, drafters

landmark case? • Implies that the business of insurance is within the commerce clause authority. The McCullough vs. Maryland case, centered on the right of congress under the commerce clause authority to mandate the part of 1 individual farmer in the national wheat market. This is very similar to the ACA. • Forcing people into commerce to more effectively regulate commerce is an improper use of the necessary and proper clause Explain the argument over whether or not this should be considered a tax

with the Constitution and the Necessary and Proper Clause. In, McCulloch v. Maryland (1819) Justice Marshall argued that Maryland does not have the power to tax a Federal Bank by stating, “[We conclude] that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.” Citing the Supremacy Clause, Marshall reasoned that it was

cooperative federalist view prefer to employ a broad interpretation of the Constitution. The legal basis on which cooperative federalism has been argued is threefold: (1) Enumerated powers (e.g. Commerce Clause) should be interpreted in light of an expansive Necessary and Proper Clause (2) The Supremacy Clause, as prescribed in Article 6, paragraph 2, gives federal actions supremacy over state laws when made in pursuance of the Constitution and when they are made using implied and enumerated powers (3) The

powers and more specifically the three branches of government (Legislative, Executive and Judicial branches).The enumerated powers consist of collecting taxes,regulating interstate commerce,declaring war, regulating currency, and doing things “necessary and proper” to carry out the powers listed