Essay The Constitutional Convention Of The United States

Essay The Constitutional Convention Of The United States

Length: 723 words (2.1 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

“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 vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (Necessary and Proper Clause. 2008.)
At the Constitutional Convention, the Committee of Detail took the Convention 's resolutions on national legislative authority and particularized them into a series of enumerated powers. This originated the principle of enumerated powers, under which federal law can govern only as to matters within the terms of some power-granting clause of the Constitution. By including the Necessary and Proper Clause, the Framers set the criterion for laws that, even if they are not within the terms of other grants, serve to make other federal powers effective.
The writers of the Necessary and Proper clause intended the clause to serve two main purposes. One was to establish a level of organization in the Government, in regards to Congress empowering a judicial branch. The other purpose was to cover things that may have not yet caused a problem, but avoid future problems by using a vague clause such as this one. The part of this clause that seemed to go the smoothest was the organization it was encouraging. Congress was quick to establish executive departments and staffs, determining the number of Justices of the Supreme Court, and prescribing the judicial power among the Federal Court System. The Supreme Court thought of this clause as a source of Congress’s power to delegate or legislate about judicial processes and procedures. This clause help avoid offensive tendencies and violation of the principle of enumerated powers from statues of othe...


... middle of paper ...


... decide whether, when, and how to legislate "for carrying into Execution" the powers of another branch; but it respects and even reinforces the principle of separation of powers. A measure can be withheld under this clause, but it must appear that a means-to-end relation was at least considered by Congress and that it has been resolved.
The clause also allowed the ability to uphold federal laws affecting economic activity and justify federal criminal laws. In the Federal Kidnapping Act Congress made it a federal crime to transport a kidnapped person across state lines, because the transportation be an act of interstate activity, which Congress holds the power over. It also provided justification for many criminal laws relating to the interference with the federal governments rightful operation, like federal laws governing assault and murder of federal employees.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay The Constitutional Convention Of The United 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 vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.” (Necessary and Proper Clause. 2008.) At the Constitutional Convention, the Committee of Detail took the Convention 's resolutions on national legislative authority and particularized them into a series of enumerated powers. This originated the principle of enumerated powers, under which federal law can govern only as to matters within the terms of some power-granting clause of the Constitution....   [tags: United States Congress]

Better Essays
723 words (2.1 pages)

Essay on The Constitutional Convention Of Philadelphia.the Delegates

- Fifty five delegates were at the Constitutional Convention in Philadelphia.The delegates did not accurately reflect America considering most of them were apart of the upperclass.The delegates were made up of lawyers,physicians,college graduates,large plantation owners,important businesses people,and former chief executives of states under the Articles of Confederation.At the constitutional conventions factions emerged due to the different delegaetes having a the variety of opinions.As a result within the large group of delegates, smaller groups formed and began pushing political agendas....   [tags: United States Constitution, United States]

Better Essays
855 words (2.4 pages)

Essay about The Constitutional Convention Of The Constitution

- On May 25, 1787 the constitutional convention began at the Independence Hall in Philadelphia in order to amend the Articles of Confederation. It was apparent to the framers of the Constitution that the Articles of Confederation lacked central authority over foreign and domestic commerce, threw many conflicts over time after the Revolutionary War. This wouldn’t be a harmonious amendment either. Between the Federalists and the Anti – Federalist they spent the entire summer creating a new government unlike any before....   [tags: United States Constitution]

Better Essays
1901 words (5.4 pages)

Essay about The Constitutional Convention Of Philadelphia

- The Constitutional Convention in Philadelphia met between May and September of 1787 to address the problems of the weak central government that existed under the Articles of Confederation. The Antifederalists were extremely concerned that the national government would trample their rights. Rhode Island and North Carolina refused to ratify until the framers added the Bill of Rights. These first ten amendments outlined things that the government could not do to its people. They are as such: o First Amendment: Freedom of Religion, of Speech, of the Press, of Peaceful Assembly, and the Right to Petition o Second Amendment: Right to Keep and Bear Arms o Third Amendment: Quartering of Soldiers...   [tags: United States Constitution]

Better Essays
715 words (2 pages)

The Constitutional Convention Simulation : New Jersey Essay examples

- In our constitutional convention simulation, I played the role of a representative from New Jersey. New Jersey had a wide range of goals, but by far the most important was equal representation for the states in the federal government. New Jersey, at the time, had a population of only about 175,000 people, which, while not the smallest state, meant that they would have minimal representation in a population based legislature. In order to keep states like Virginia from completely taking over, New Jersey wanted each state to have an equal number of representatives in congress....   [tags: United States, United States Constitution]

Better Essays
746 words (2.1 pages)

The 's Speech At The 1829 Virginia Constitutional Convention

- In his speech at the 1829 Virginia Constitutional Convention, James Madison said “The great danger [in a republic] is that the majority may not sufficiently respect the rights of the minority.” When he said this, he meant that the idea of majority rule can result in the infringement on the rights of the minority in order to protect or further the rights, freedoms, or ideals of the majority. Journalists and the media are a major factor in shaping people 's political opinions, moral beliefs, and knowledge of current events....   [tags: Vietnam War, Lyndon B. Johnson, United States]

Better Essays
1167 words (3.3 pages)

The Constitutional Convention of 1787 Essay

- The Constitutional Convention of 1787 was held to address problems in governing the United States which had been operating under the Articles of Confederation since it’s independence from Britain. Fifty-five delegates from the states attended the convention to address these issues. The delegates consisted of federalists who wanted a strong central government to maintain order and were mainly wealthier merchants and plantation owners and anti-federalists who were farmers, tradesmen and local politicians who feared losing their power and believed more power should be given to the states....   [tags: US History]

Better Essays
819 words (2.3 pages)

Essay on The 1787 Constitutional Convention

- The 1787 Constitutional Convention was paramount in unifying the states after the Revolutionary War. However, in order to do so, the convention had to compromise on many issues instead of addressing them with all due haste. This caused the convention to leave many issues unresolved. Most notably were the issues of slavery, race, secession, and states’ rights. Through the Civil War and the Reconstruction, these issues were resolved, and in the process the powers of the federal government were greatly expanded....   [tags: American History]

Better Essays
1940 words (5.5 pages)

The Second Constitutional Convention Essay

- The Second Constitutional Convention has introduced three new ideas to the United States government to help create a more balanced effective and limited political institution. The three proposals include switching the electoral system in the House of Representatives to proportional representation. Another proposal introduced to the conveners was to change the current presidential system to a parliamentary system. The last proposal was to change the rules for the selection of senators. The proposals are vague, leaving a lot of room for the smaller details....   [tags: Separation of powers, Presidential system]

Better Essays
1520 words (4.3 pages)

The Constitutional Convention Drafted the Constitution in 1787 Essays

- After the failure of the Articles of Confederation exemplified by Shay’s rebellion in 1787, the young United States needed a new government with improved policies. The Constitutional Convention drafted the Constitution in 1787 and, after much debate between Federalists and Anti-Federalists, ratified it in 1789 which provided a government of checks and balances between the judiciary, legislative, and executive branches, distributed more power to the federal government, established that the president would not serve for life, and determined that the president would be voted democratically....   [tags: Founding Fathers]

Better Essays
1945 words (5.6 pages)