Pros And Cons Of The 18th Clause

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The 18th Clause of Section 8, Article I allows for Congress to make any laws that are necessary or proper to assist other clauses in enforcement. Through the course of United States (US) history, the Necessary and Proper Clause has been debated on, used heavily and lightly, and has also helped the US succeed as a prosperous nation. Because there is no basic description for the 18th Clause, there have been no direct rules for interpretation by the government. Once the ratification process passed for the new US Constitution, two political figures, Thomas Jefferson and Alexander Hamilton, begun the first debate about the creation of the First Bank of the United States. Hamilton argued the bank was related to powers within the Necessary and Proper Clause; whereas Jefferson argued that it was not an exception to the clause’s powers. Also, the 18th Clause has caused debate on the constitutionality of court decisions and actions of states. It allowed for the national government to turn down a state’s right to tax the Second Bank of the United States. …show more content…

Many people believe that the 18th Clause has been violated and misinterpreted by recent court decisions. The United States v. Comstock (2010), is an example of where the public was split whether or not that is was a just and constitutional decision. There have also been times where the general public believed the Necessary and Proper Clause was used lightly, turning down multiple bills in Congress. Creating an stance that Congress should have passed the bill because of its relation to the 18th Clause, instead of denying

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