The Necessary And Proper Clause - 876 Words

The 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 powers vested by the Constitution in the government of The United States also known as the (Article 1, Section 8, Clause 18). The Necessary and Proper Clause grants the Power that are implied in the constitution but it’s not explicitly stated in the Articles. This is why it’s referred to as the implied powers. The best way to explain the Necessary and Proper Clause would be in the subject debate between Secretary of the Treasury who was Alexander Hamilton and Secretary of state Thomas Jefferson. Mr. Alexander Hamilton made a big deal to have the interpretation of clause explain in details. His point was to open the doors ways to authorized Congress to exercise a more of the implied powers. While Thomas Jefferson concern was how much power the government would have in just one branch. He wanted to make sure one didn’t have more power over the other. Jefferson argued that the necessary and proper clause was a restrictive adjective. While Jefferson was fighting for States’ Rights it made Hamilton’s interpretation ended up been more favorable by George Washington and James Ma dison.Show MoreRelatedWhat Is The Necessary And Proper Clause?1079 Words   |  5 Pages United States Constitution Assignment Nicole Ibanez 02/11/2015 Dr. Robert Rogers POS- 2041â€Æ' What is the Necessary and Proper Clause? The Necessary and Proper Clause is also called the Elastic Clause. It is found in the Article 1, Section 8, Clause 18. It is the clause that is the basis of the implied powers of Congress. The clause grants no specific powers, and can be adjusted based off different circumstances over the years. It basically allows for Congress to adapt the government andRead MoreThe Necessary And Proper Clause Gave Congress844 Words   |  4 Pages 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 statedRead MoreThe Necessary And Proper Clause And Its Effect On History912 Words   |  4 PagesThe Necessary and Proper Clause and Its Effect on History The Constitution was written in order to replace the Articles of Confederation and create a centralized government. Times continue to change, and therefore laws must be altered such to keep up with those changes. This was the sole purpose of the amending process of the Constitution. The purpose of the very first amendment was to allow Congress the authority to get involved with state powers that was not allowed at first. This articleRead MoreThe Constitution : An Symbol Of American Pride, Freedom, And The Hopes1515 Words   |  7 Pagesmany controversial clauses throughout it. These clauses, woven into the Constitution, have been considered ignored, misunderstood or misapplied. Some people merely want the correct meaning to be restored by educating the judiciary, others wish to amend the constitution so as to correct the way the constitution is applied. One in particular is the Necessary and Proper Clause. Over time, Congress has used what is considered its greatest stretch of power. The phrase necessary and proper appears onceRead MoreFrederick Thide s Article 935 Words   |  4 Pagescommerce clause and necessary and proper clause by requiring individuals to purchase health insurance as part of the Patient Protection and Affordable Care Act† (359). In his introduction, Thide (2012) describes the economic conditions of the health insurance market that brought about the need for the Affordable Care Act and presents three main ideas to support his conclusion. As a final point, Thide (2012) warns that rejecting â€Å"the view that Congress is the primary arbiter of what is necessary and properRead MoreAlexander Hamilton: Financial Plan739 Words   |  3 PagesRevolution. In order to pay back this debt Alexander Hamilton created a financial program. However, some Republicans such as 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 bec ause it gave the government too much power. This, however, is not so Alexander Hamilton’s financial plan however was mostly constitutional because it allowed it to use the powers as well as responsibilities congressRead MorePowers Of The United States Constitution1552 Words   |  7 Pagesthe United States are the Necessary and Proper Clause, Commerce Clause, and the power to declare war. The Necessary and Proper Clause is stated in Article I, Section 8, and Clause 18 of the Constitution. This Clause is commonly referred to as the Elastic Clause as well as several other names: the Sweeping Clause, the Coefficient Clause, and the Basket Clause, and. These names are all appropriate due to the fact that they all represent the meaning of the clause itself. It is accreditedRead 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 MoreImplied Powers of Congr ess954 Words   |  4 Pagesderives its power from the US Constitution, specifically Article 1 section 8 which outlines the specific enumerated powers of Congress. This Article also outlines the implied powers of Congress. These implied powers include all things which are deemed necessary in order for Congress to carry out the jobs assigned to it by their enumerated powers. There are several powers expressly given to Congress in Article 1 of the constitution. These expressed powers are basically a laundry list of CongressionalRead MoreExpansion Of Federal Power : The United States1546 Words   |  7 Pagespowers of Congress, making them most responsible for the growth of federal power. 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 Court reinterpreted the meaning of the First