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Enumerated Power

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INTRODUCTION For over two centuries, the United States Constitution has been considered the longest surviving written charter of government in the world. Based on the principles of liberty and equality, the Constitution has been successfully adapted with the changing modern society nowadays. In particular, the Article I of the Constitution highlights the positioning of Congress, which consists of a Senate and a House of Representatives, as the most powerful branch of the federal government. In this regard, the paper aims to discuss about the enumerated powers granted to Congress in Article 1, Section 8 of the Constitution. Accordingly, the body of assignment includes two main contents: First, to question the most significant enumerated powers …show more content…

THE MAIN CONTENTS I. Which is the most significant enumerated power granted to Congress in Article 1, Section 8 of the Constitution? Section 8 lists the enumerated powers of the authority of Congress granted by the federal government. Accordingly, these enumerated powers can be classified into three types, including exclusive federal powers, concurrent powers – shared with the states, and the states possess powers. Total eighteen statements set the authority of Congress to exercise, beginning with the power to tax and to …show more content…

The foundation of its power is that it set forth the authority of the Congress to enact any necessary and proper laws to carry out specific powers listed in the section 8. One of the most typical examples about its application is the Supreme Court Case of McCulloch and Maryland (1819). Although establishment of a national bank is not ruled in the United State Constitution, in 1989, the federal government still concluded a decision to open the Second national bank in Baltimore, Maryland. The government of Maryland required to impose tax on the bank but James William McCulloch, a cashier at the bank, argue that it was not permitted. The U.S Supreme Court applied the necessary and proper clause in the Constitution that the government can receive the implied power to open a national bank and no taxing power can be implemented on the bank of national government. According to the John Marshall, the Chief Justice, expressed his opinion that the establishment of the bank is legal because it is necessary to safeguard the enumerated powers delegated to the Congress including taxing, borrowing and commerce, which is cited in the statement of Necessary and Proper Clause. The case has become an important precedent in US law because it set up the idea that the federal government can broaden their power to exercise the enumerated rights beside specifically

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