(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

Necessary And Proper Clause

             The necessary and proper clause is part of the Constitution that gives Congress the power to make all laws "necessary and proper" for executing its powers. It has been used to expand greatly congressional power. It is a dramatically important part of the Constitution. Its use in court cases has varied through time. It has helped to make the Constitution adapt to the many social changes in the United States. However, it has also created a battleground of the uses of this elastic clause, which has been used to imply so many powers over the years.
             The necessary and proper clause can be interpreted in two different ways. The federal government has used the clause to abuse its power. However, it was also implemented to apply the Constitution to the changing times. It created for fewer amendments into the Constitution.
             The advocates of the interpretation of the elastic clause that gives more power to the federal government believe in a stronger central government. They broaden the powers of the federal government by using Clause 18 of the Constitution. This group feels that the federal government is using implied powers to do what is "necessary and proper" for the welfare of the citizens or in the public interest.
             Other people against the elastic clause purport that the federal government uses the clause to abuse its powers. They consider it a convenient and useful tool for the federal government to apply powers that aren't expressed. These people are strongly for States" Rights. They take solace in the fact that the elastic clause can only give the federal government powers that are related to the enumerated powers. This limits the power of the federal government in some aspects.
             In the case McCulloch v. Maryland, the federal government used the elastic clause to do what was "necessary and proper". It advocated the renewal of the charter for the Second National Bank. This was an important case for the necessary and proper clause because the court decision gave approval to this clause.


Essays Related to Necessary And Proper Clause

1. Stick That In Your Pipe And Smoke It

... California has the most powerful tool on their side that a state can use; that tool being the necessary and proper clause. The necessary and proper clause of Article I Section 8 states that Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution for the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any ... was the 1819 case of McCulloch v. Maryland. The Supreme Court was the first to witness the action of this clause and its implied powers. The necessary and proper clause ga...

  • Word Count: 1222
  • Approx Pages: 5
  • Grade Level: High School

2. Federalism and the United States

... kinds of federalism have dominated political theory. The first, dual federalism, holds that the federal government and the state governments are co-equals. In this theory, parts of the Constitution are interpreted very narrowly, such as the 10th Amendment, the Supremacy Clause, the Necessary and Proper Clause, and the Commerce Clause. In this narrow interpretation, the federal government has jurisdiction only if the Constitution clearly grants it. In ... second, cooperative federalism, asserts that the national government is supreme over the states, and the 10th Amendment, the Supremacy...

  • Word Count: 2255
  • Approx Pages: 9
  • Grade Level: Undergraduate

3. The Preamble of the Constitution and The Balance of Power

... congress has the power to impeach the president. The elastic clause was meant to be ambiguous because at the time of the drafting of the constitution the framers could never foresee that topics and conflicts that would rise in regards to the constitution. The clause allows for the growth of the government. The "necessary and proper" clause goes back to the feeling of the framers not wanting ... to give a lot of power to the president, because this clause gives congress to act. The government is very much so a system ... 2. This section outlines the specific roles of the president. It s...

  • Word Count: 703
  • Approx Pages: 3

4. Defense and the Constitution

... case that would reach the Supreme Court, I think the Court would rule in the federal government favor. They would probably base this premise on the necessary and proper clause, which states, "Congress has the power to make any laws necessary and proper to carry out any other responsibility it has. But did Congress pass any legislation that would grant the Defense Department to conduct such experiments? The ... answer would probably be found in the National Defense Authorization Act that President G.W. Bush signed on December 28, 2001. This act authorized necessary funding to defend the U...

  • Word Count: 2056
  • Approx Pages: 8
  • Grade Level: Undergraduate

5. Bonds and Guarantees and Contractors

... the principal debtor). The principal debtor remains primarily responsible for payment or performance of the relevant obligation. Clause No: 4.2 (Employer's Equipment and Free-Issue Material) From FIDIC 1999 Red Book The Contractor shall obtain (at his cost) a Performance Security for proper performance, in the amount and currencies stated in the Appendix to Tender. If an amount is not stated in the Appendix to ... Tender, this sub-clause shall not apply. The Contractor shall deliver the Performance Security to the Employer within 28 days after receiving ... reasons why he cannot comply ...

  • Word Count: 2631
  • Approx Pages: 11
  • Grade Level: High School

6. Pro-Choice and Pro-Life Legalities

... Abortion Control Act of 1982, authored by Rep. Stephen F. Friend was challenged as unconstitutional via Roe v. Wade, which recognizes the constitutional right and liberty to have an abortion under the protection of the Due Process Clause of the Fourteenth Amendment. The act's five provisions are the following: "[T]he informed consent rule mandate physicians to inform women about the dangers to ... identified the case as a landmark. This is the first time the Court has ever held that physicians can be prohibited from using a medical procedure deemed necessary by the physician to benefit t...

  • Word Count: 3333
  • Approx Pages: 13
  • Has Bibliography
  • Grade Level: High School

7. Founding Fathers and the Bill of Rights

... constitution. These include the power to hold specified powers such as to declare war, and coin money, and also implied powers. These implied powers are derived from the necessary and proper clause which allows congress to make all laws "necessary and proper" to carry out its duties. Since the creation of this clause, the national government has been allowed to expand the scope of its authority slowly. ... The Commerce Clause was also interpreted in favor of the national government by the Supreme Court. Due to ... having effect as limitation on what might be done constitutionally by th...

  • Word Count: 1242
  • Approx Pages: 5
  • Grade Level: Undergraduate

8. Art And Law

... free reign that would entitle them to create anything they feel necessary and depict whatever they desire without any regard to the content, imagery, or morality of their work. They believe it would hinder their work to have limitations placed upon them and their artwork. They hold the opinion that they should be ... of Mississippi accept public depiction of conduct found tolerable in Las Vegas, or New York City .People in different states vary in their tastes and attitudes, and this diversity is not to be strangled by the absolutism of imposed uniformity"(Duffy 327). As an example of di...

  • Word Count: 2311
  • Approx Pages: 9
  • Grade Level: High School

9. Philosophical And Religous Influences Of The Constitution

... the liberty of the people, the government should be divided into three branches: the legislature, the executive and the judiciary. Montesquieu argued in his essay "Spirit of the Laws- that this was necessary to prevent the abuse of power, which he felt was the nature of humans. What was the ... from the people though the Constitution did not explicitly give Congress the power to create a bank, Congress could do so under the Necessary and Proper Clause of the Constitution. The clause empowers Congress to take whatever actions it deems appropriate to achieve its legitimate goals, such as r...

  • Word Count: 1390
  • Approx Pages: 6
  • Grade Level: Undergraduate

Got a writing question? Ask our professional writer!
Submit My Question