Section 8 Of The Constitution

790 Words2 Pages

The Framers in composing their new government, first started with the legislative branch because they felt lawmaking a major and vital role of the republican government. Article 1 is the longest, and most elaborate of the articles. It grants limited legislative power to Congress. Section 8 of Article 1, expresses the basis of enumerated powers which means Congress can exercise only the powers that the Constitution assigns to it.
The last clause in Section 8 of Article 1, of the United States Constitution is the ‘necessary and proper clause’ other known or referred to as the elastic clause. This clause is the principle of Congress implied powers. These powers allow Congress to execute its enumerated powers such as power to charter a bank. …show more content…

The Framers goal was to build a strong government one that would remain, and survive the test of time. The Framers were aware that the world changes however, unable to predict the future they added a rule. Close to the end of Section 8 of the Constitution, it is stated that 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 of officer thereof. …show more content…

Marshall, was strongly devoted and committed to the judicial system. He was often referred to as the “father of Supreme Court.” He reformed (http://www.ushistory.org/us/20e.asp).
It all began when James Madison Jefferson’s secretary of state William Marbury sued him for not receiving his commissions as justice of the peace. Marshall’s written ruling decision on behalf of the unanimous Court found that the petitioners were entitled to their commissions however, he denied to take legal action. Instead Marshall proclaimed the Judiciary Act of 1789, the power to declare congressional acts invalid if they infringe the Constitution. He upturned the acts of Congress for the first time based on the fact that it encountered with the Constitution.

Open Document