“Elastic Clause”. This clause is also often referred to as the “necessary and proper” or the “sweeping” clause. It can be found in article 1, section 8 of the constitution, clause 18. The “elastic clause” puts forward that Congress has the power to pass any law that they have deemed to be both necessary and proper to implement the powers that have already been delegated to the Congress. (U.S Const., art. I, §8). In essence, this clause offers a way for the US Congress to “achieve its’ constitutional mandated ends”(The Heritage Foundation, 2011). The purpose of this clause to allow the organisation of the government, while also helping to effectuate the power of Congress, and in doing so it introduces a great deal of flexibility to the constitution. …show more content…
For example, the Eighth Amendment prohibits “cruel and unusual punishments” (U.S. Const. am. 8), but does not go on to say what punishments can be considered cruel and unusual. In this way, the constitution sets out the fundamental principles, while allowing the people of various generations to interpret the specificities of the articles. This has led to the constitution being considered a “living constitution” – a document that evolves and adapts over time, changing to fit new circumstances as they emerge, without being formally amended through the special amendment process (Strauss, 2010). By considering the US constitution a living document, it lends weight to the position that it is indeed a flexible constitution because although there are limited formal amendments that have been passed through Congress over time, the interpretation of the basic principles of the constitution may change to mean different things in line with the …show more content…
Woodrow Wilson once referred to the Supreme Court as “a constant constitutional convention in continuous session”, due to the role they have played in interpreting the constitution as it is written. Due to the ambiguity found in much of the phrasing in the constitution, judicial interpretation of the constitution can be considered both necessary and inevitable (Comer, Gruhl et al., 2001). The courts have the power to declare unconstitutional the actions of the other branches and units of the government in what is known as judicial review (Tannahil, 2002). The first case in which the court elaborated on the principle of judicial review was that of Marbury v. Madison in 1803 and put forward that in the case of conflict between the constitution and a statute, it is “the duty of the judicial department to say what the law is” (Smith, 1975). Following this, the case of Fletcher v Peck (1810) is of equal importance as it was the first case in which a state law was declared by the court to be unconstitutional. Both of these cases go to show that judicial interpretation allows some flexibility into the constitution. It allows things that are not expressly stated in the constitution to be made
The Constitution of the united states of America means to me my rights as an American citizen. The constitution makes me feel safe from the government because it protects my rights. It lets me know the government power over the people, and the laws they can make and the laws they can not make. The Constitution ensures my freedom as an American. It is a very important document for the United States of American for the president to follow.
The United States Constitution serves as the document that provides the framework for the manner in which the country is governed. Since the failure of the Articles of Confederation and creation of the Constitution in 1787, Americans have been guided by this document placed forth by the Founding Fathers. Within the Constitution, there are a multitude of elements such as the Preamble, the Articles, the Bill of Rights, and the other Amendments even though it is considered to be the shortest constitution of any large and powerful government in the world. While the Constitution creates very specific regulations for the different branches of government, it also creates a sense of interesting ambiguity with the Elastic Clause. Since the clause
The Supreme Court priorities from the time period of 1790 to 1865 were establishing the Judiciary Act of 1789, which was instrumental in founding the Federal Court System. The framers believed that establishing a National Judiciary was an urgent and important task. After the installation of Chief Justice John Marshall who “used his dominance to strengthen the court 's position and advance the policies he favored” (Baum 20). However, in the decision of the landmark case of Marbury v. Madison in 1803 was an example of the power he exuded “in which the Court struck down a Federal statute for the first time” (Baum 20). This created some internal conflict between Marshall and President Thomas Jefferson, however Marshall was able to diffuse this with
A huge part of our nation’s rights and power are mostly expressed in the constitution created by our Founding Fathers. The constitution is a core aspect of the government because it has built foundations for our citizens and nation’s leaders to follow. The constitutions consist of amendments such as the bill of rights which includes the first ten amendments. Since the constitution is such an important factor of our government today, it is important to have a secure and difficult amendment process to be sure that each amendment has a purpose and help establish a stable government. The amendment process involves having both the houses of Congress and the states vote.
The Presentment Clause, which is in the Constitution, outlines how a bill can become a law. This clause is extremely important in two ways to signing statements. First, the president can inform Congress that the bill has to be altered in a specific way. Second, vetoing and defining one’s view are two different arguments. This is especially important if the president’s interpretation of the bill causes him to view the bill as unconstitutional.
US Constitution Longevity The United States Constitution is not just a document. It is an omnipresent artifact of the past and ongoing history for the nation it governs. Passionate arguments were abundant during the drafting of the document on what it should entail and what should be left to interpretation. The Constitution not only served to appease many people at the time of its ratification, but it stays standing as a thriving and dependable document capable of change to serve the people as they see fit.
In very rare instances, the Constitution changes with the adding of amendments. Although this action is only done rarely it does still occur in our government today regardless of the rarity. This sort of action is so rare because the amount of people that must deem this proposed action to become a part of the Constitution of the United States. Congressmen on occasion do produce amendments on which they surmise vital enough to add. Proposed amendments seldom have the opportunity to be added and officially become amendments.
Compare the history of how we got to our current constitution to something else and why that is so? A constitution is literally a rule book. It states many different things in it. It sets up major governing institutions, assigns institutions their given power, and places explicit and implicit control on power that given to them. A constitution establishes literal legitimacy, it’s the real deal.
“The constitution started around 230 years ago(Dowser)”. “The United States constitution has been amended 27 times in its history(Dowser)”. These are some comments made by participants of the constitution. The constitution is extremely important the United States. John adams was said to have referred to it as “the greatest single effort to national deliberation that the world has ever seen(Dowser)”.
‘The Constitution reflects the time when it was written in a number of ways. Generally, these aspects of the Constitution show us how people at time were worried about different issues than we are today and that they had different sensibilities than we have. The authors of the constitution seemed to agree that no one wanted another monarch, but they had little idea how the government would actually make it without a king or an aristocrat. The constitution is called a "living document", meaning that it changes as the country changes. Through a system of checks and balances, amendments and Supreme Court rulings, the constitution has not been carved in stone, as it has been in time and in the environment.
According to the United States Constitution “Congress shall
The Constitution of the United States was formed 223 years ago. Since 1787, a lot has changed. We grew as a country, technology advanced, and we elected 43 different presidents. One of witch, being the first African-American President in history. Due to its age, some may argue that the Constitution is irrelevant to today’s problems.
Dalton Teague History 10/22/15 The main point of this clause was to prevent presidents from exercising too much power over the Congress. It was meant to, for example, prevent the president from having members of Congress arrested so that they could not get to the Capitol and cast a vote that the president did not like. The makers of the Constitution were still worried about presidents using their power to work there way to the spot of dictators.