The Necessary And Proper Clause Gave Congress - 844 Words

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. In Marbury v. Madison in 1803, Marshall overturned an act of congress for the first time that conflicted with the constitution. It was a daring step for a politically vulnerable court and Marshall crafted the opinion in such a way that Thomas Jefferson could not reject it. John Marshall had strong views that made him dominate the court from 1801 to 1835 and personally responsible for evaluating it in person of real authorit y. Marshall, also shared his power with other follow Justices that often curved his opinions in order to arrive at consensus decisions. Marshall established a model that all future Chief Justices would be measured to. The United States Supreme Court used the Necessary and Proper Clause in the McCulloch v. Maryland case. McCulloch v. Maryland case debated that if congress have the power to charter a bank. In 1791, the first charted bank; the First Bank of the United States was created, but theShow MoreRelatedThe Necessary And Proper Clause876 Words   |  4 PagesThe Necessary and Proper Clause can sometime be called the â€Å"Coefficient† or â€Å"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 po wers vested by the Constitution in the government of The United States also known as the (ArticleRead MorePowers of the Constitution Essay546 Words   |  3 Pagesthose that are explicitly granted. Implied powers finds its basis in the necessary and proper clause of the Constitution. This clause allows Congress to make any and all laws necessary and proper for carrying into execution express powers. The necessary and proper clause is found in Article 1 Section 8 of the Constitution. 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 vestedRead MoreAlexander Hamilton: Financial Plan739 Words   |  3 Pagesas Thomas Jefferson and James Madison thought that his plan was 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 Hamiltonâ€⠄¢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 taxes, and ultimately pay off debts. Hamilton’s financialRead MoreThe Supreme Court And Chief Justice Essay1670 Words   |  7 Pagesduty of the judicial department to say what the law is† (text at pages 72-73). 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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 â€Å"Necessary and Proper† clause when it ruled that Congress can establish a federal bank. Finally, the CourtRead MoreThe Constitution and Individual Rights Essay919 Words   |  4 Pagesborn nation. Even though The Articles of Confederation won the Revolutionary War, there were many problems with the plan of government. The Articl es of Confederation was made to prevent a strong national government and it only gave each state one vote in the Confederation Congress. It could not raise money and it only had one branch, the Legislature. In 1786, delegates from each state went to Philadelphia to draft a new Constitution for the United States. Fifty-five delegates came to PhiladelphiaRead MoreThe Constitution And Its Effects On The United States931 Words   |  4 Pagesdocument that explains, how the government should act; what it can do and can t do. The constitution is divided into seven articles. Article one establishes the legislative branch. It talks about the necessary and proper clause which means that congress has the power to pass any law that is necessary. It explains expressed powers and implied powers. Expressed powers are the power to tax, to raise an army and a navy, power to coin and to regulate inter state commerce. Power to impeach and remove theRead MoreThe Federalists And The Anti Federalists1656 Words   |  7 PagesIn the Articles Congressional Powers are delegated as such: â€Å"Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled (â€Å"Articles o f Confederation† 1). It reigned in the government, and limited its powers to what was written out in the Articles. The central government was basically powerless, and all power was afforded to the states. However, in the ConstitutionRead MoreFederalism: Supreme Court of the United States and Power Essay1710 Words   |  7 PagesFederalism has played a large role in our government since the time that the Constitution was ratified. It originally gave the majority of the power to the states. As time went on, the national government gained more and more power. It used the necessary and proper clause of the Constitution to validate its acts, and the Supreme Court made decisions that strengthened the national government creating a more unified United States. Finally, the recent course of federalism has been to give powers back