Necessary And Proper Of The Constitution Essay

Necessary And Proper Of The Constitution Essay

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Necessary and Proper
“Necessary and Proper” clause is often referred to as Article 1, Section 8 of the Constitution and stats that Congress has the power "to make all laws which shall be necessary and proper for the carrying into execution the foregoing powers." At the Constitutional Convention, the Committee of Detail took the Convention 's resolutions on national legislative authority and personalized them into a series of enumerated powers. “This created 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.”(1) By including the Necessary and Proper Clause, The Framers set the standard for laws and stated that even if they are not within the terms of other grants, they serve to make other federal powers effective. In McCulloch v. Maryland (1819), Chief of Justice John Marshall noted that other grants of power by themselves "according to the dictates of reason" would imply a "means of execution." He then went on to declare that the Constitution "has not left the right of Congress to employ the necessary means for the execution of the powers conferred on the Government to general reasoning." For the Chief of Justice, the Necessary and Proper Clause makes express a power that otherwise would only have been implied and therefore might have been subject to complaints. By implanting the clause among the powers of Congress, the Framers confirmed that Congress may act to make the constitutional plan effective. In his explanation of the words of the clause, he concluded that the Necessary and Proper Clause authorizes laws passed as means "really calculated to affect any of the objects intrusted to the government." Arguments for laws ...


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...eld that to invoke Enforcement Clause support, a law must be "congruent" and "proportional" to the amendment violation it aims to redress. City of Boerne v. Flores (1997); Board of Trustees of the University of Alabama v. Garrett (2001). These can be seen as elaborations of the McCulloch principle—to invoke the Necessary and Proper Clause, a law must be "plainly adapted" to an enumerated end—a principle that for almost a century has been exhibited in "affecting commerce" cases as the requirement of "substantial effect." This substantial effect test was raised to new prominence in United States v. Lopez (1995). If the analogy between this clause and the various enforcement clauses is to hold, perhaps the same principles of congruence and proportionality must also be applied in so-called affecting commerce cases and in other contexts of the Necessary and Proper Clause.

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