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Relationship Between The Necessary And Proper Clause

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How can a government designed in the eighteenth century deal with modern issues? The solution is in the Necessary and Proper clause of the U.S. Constitution, also known as the elastic clause, which allows Congress to make laws it needs to carry out its enumerated powers. The Necessary and Proper Clause has been subject to controversy over the wording of the clause. So to what extent does the Necessary and Proper Clause grant a new power to Congress and what does the word proper mean?
Under Article I, Section 8 of the Constitution, Congress has the power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or any Department or Officer thereof". Essentially it allows Congress to pass additional laws that are necessary and proper for carrying out its …show more content…

A lot of states didn’t like this because there was nothing in the Constitution that says Congress can do this. So the state of Maryland decided to try and get rid of it, by taxing it. So the question was can a state tax a federal bank and can Congress create a national bank that states have to live with? Chief Justice John Marshall found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland’s taxation of the bank violated the Supremacy Clause. Another example of Congress’ power to make laws was the U. S. vs. Comstock case which gave a wide understanding of the Necessary and Proper Clause. In Comstock, the Court upheld a federal law that authorized the continuing detainment, under a civil commitment program, of potentially dangerous sexual offenders who had completed their prison terms. The Court found the law constitutional of government, and could be constitutionally supported by the Necessary and Proper

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It was determined that “the Congress of the United States is granted for certain implied powers by the Constitution that are implemented in order to ensure for the proper function of the Federal Government. "3In relevance to the states, it was determined that “States cannot impose on the powers granted by the Constitution to the Federal Government by any action. "3 In the case of McCulloch vs Maryland,this included the act of imposing a state bank tax on a national bank. Federalism This case tells us that the relationship between federal and state government is limited.

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McCulloch v. Maryland McCulloch v. Maryland is a United States supreme court case that was decided on March 6, 1819.This supreme court case very important in that it was related to how much power the government would have. The federal government used the necessary and proper clause to indicate that it was right and just for them to create a national bank. The state of Maryland imposed a tax 15,000/year on the national bank,which cashier James McCulloch of the Baltimore branch refused to pay. The argument for Maryland was that it was a sovereign state and had the authority to impose a tax any business within its state lines.

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Current Event: The Federalist Papers were an effort to support the Constitution, which is the central document of our government today. The papers are now used to understand the Constitution and examine the aims of the framers. 12. Necessary and Proper Clause (Elastic Clause): Definition: According to the Constitution, Congress has the ability to create any laws necessary for the execution of the enumerate powers, or powers specifically outlined in the Constitution.

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John Marshall’s Supreme Court hearings had a positive effect on the United States. From court cases like McCulloch v. Maryland, declared that the federal courts could decide if state laws were unconstitutional. The McCulloch v. Maryland trial went to the supreme court because Maryland had put a tax in place that too 2% of all assets of the bank or a flat rate of $30,000. John Marshall saw this tax as unconstitutional for the simple fact that people were being denied their property under the state legislature. From the Gibbons v. Ogden case, congress’s power over interstate commerce was strengthened.

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Maryland passed this law to tax the federal bank. McCulloch, the President of the bank refused to pay the tax. The State of Maryland sued McCulloch, and the Supreme Court accepted the case. In the opinion written by Chief Justice Marshall, the Court ruled that the Bank of the United States was constitutional and that the Maryland tax was not. The Supreme Court said that the Bank of the United States has every right due to the Necessary and Proper Clause of Article I, Section 8 which stated that Congress can pass laws that they consider “necessary and proper”.

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The state of Maryland attempted to tax all notes not chartered in the state, this was a clear target put on the Bank of the United States. This case helped prove that the bank was indeed constitutional and that the states did not have the power to claim something unconstitutional, further instituting the federal and state power boundaries. As the series continued a common theme started to show itself, it's that federal power massively outweighs state power, which the United States founding fathers wanted to

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Following the end of the American Revolution marked a new set of problems for the United States. As impending war debts were threatening to crush the new nation, America knew they needed to address the flaws of the Articles of Confederation through a Constitutional Convention. The United States Constitution of 1787 was created in hopes of developing a stronger and more effective governing body while still upholding America’s virtues of freedom. Unfortunately, with change, comes opposition, and many people feared that the Constitution would be oppressive and undermine the autonomy of the individual states through its strong central government. Because of this, the issues that sparked the greatest controversies during the ratification of the

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The Necessary and Proper Clause, also called the elastic clause, gives Congress the ability to add and adjust laws if they are necessary in a given situation. The Supremacy Clause mandates that federal law trumps conflicting state and local law; this clause worried the Anti-Federalists because they fear the federal government would use it to ban slavery. In Brutus #1, it is

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Jackson claimed that the national bank was unconstitutional because the bank served the privileged few without any influence from the common American citizens and therefore held a monopoly on the foreign and domestic exchange (B). Jackson then withdraws all the funds and puts them into pet banks that issued their own paper money that essentially became unreliable and worthless. As a result of Jackson now issued the Specie Circular required payment for government land to be in gold and silver in order to provide the country with reliable currency. The panic of 1937 followed short after with a five-year depression with failed banks and low employment levels. In the Charles River Bridge v. Warren Bridge case, a company with a bridge cannot limit another bridge company from being on the same bridge (A).

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Federalists believed the articles were too weak and the United States needed a strong government to protect the nation. Federalist No. 39 states, “We may define

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The Supreme Court case McCulloch v Maryland originally originated in Maryland when the Maryland legislature decided to levy a tax on all branches of the banks. It was aimed to destroy the Baltimore branch of the Bank of the United States. James McCulloch was a cashier at the Baltimore branch. He was issuing bank notes without complying with the Maryland law. Maryland had sued McCulloch for refusing to pay the taxes under the Maryland statute.

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“The power of Congress over interstate commerce is not confined to the regulation of commerce among the states. It extends to those activities, which affect interstate commerce, or

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Powers of Congress, according to article I of the Constitution is to possess the power to make laws, and can still pass a law regardless if the president vetoes it. Congress utilized the power of the purse through decisions to authorize money requests made by the president. Congress can also follow a procedure for enacting laws in accordance with section seven of article one,“If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law” (U.S. Constitution Article 1, Section 7). This quote explains that Congress can still make a bill into a law as long as both the House of Representatives and Senate both vote two thirds in favor of the bill which can override a president’s veto.

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In other words, Congress grants delegated powers to the president. The Constitution is especially concise when it gets to the heart of the presidency: the powers and duties of the chief executive. It grants the president a limited number of expressed powers, or explicit grants of authority. Because the vagueness of the constitution and because the courts are being biased towards the presidential power, over time the president’s power has evolved into authorities much more powerful than the Framers would have ever imagined.

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Congress also has the power to refuse and reject to pass laws or provide funding that the president requires. Thus almost everything the president does must be looked over and approved by the two houses of congress. The Framers also feared that the president 's wartime role was too powerful, so they gave Congress a set of checks and balances on the president 's war powers as well. Only Congress has the power to declare war and to pay for wartime

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