How can a government designed in the eighteenth century deal with modern issues? The solution is in the Necessary and Proper clause of the U.S. Constitution, also known as the elastic clause, which allows Congress to make laws it needs to carry out its enumerated powers. The Necessary and Proper Clause has been subject to controversy over the wording of the clause. So to what extent does the Necessary and Proper Clause grant a new power to Congress and what does the word proper mean? Under Article I, Section 8 of the Constitution, 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 or Officer thereof".
Taxation and Spending Clause The issue is whether the proposed legislation is permissible under the Taxation and Spending Clause as these objectives cannot be accomplished under the Commerce Clause. Congress’s ability to “lay and collect” taxes originates from Article §8 (1) of the Constitution. It further states that Congress “shall have the power to...pay the debts and provide for common defense and general of United States.” Congress once had broad authority when applying this clause to issues that concerned the nation’s general welfare. In US v. Butler (1936), the Court stated though Congress has expansive power to use “public monies for public purposes,” but there are limitations. It is within Congress’s right to impose a condition on
The legislative, executive, and judicial branches each have ways to check the power of another branch. Congress has the power to approve and confirm Presidential nominations, override a President’s veto, impeach the President and remove him or her from office, and impeach judges from office. The President can nominate judges and veto Congressional legislation. The Court has the rights to declare presidential acts and laws unconstitutional. “...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…[the three branches] should not be so far separated as to have no constitutional control over each other.” (James Madison, Federalist Paper #51, 1788).
Our nation’s capital was established as Washington D.C. on July 16, 1790. What led Washington D.C. in becoming our capital was the Residence Act, which was actually more of a compromise of conflicting sides than a direct act. After the Revolutionary war, much of the country was in debt. In order to pay off the debt, Alexander Hamilton, the secretary of treasury within Washington’s administration, pushed for Congress to pass the Assumption Bill, which would allow the Federal government to assume the debts accumulated by the states. In order to do so, he would need 4 opposing delegates to support his bill.
An example of this branch checking another branch June 26, 2013, the Supreme Court ruled that section three of the “Defense of Marriage Act" is unconstitutional and that the government can’t discriminate against married L/G couples in deciding federal protection or benefits. The Judicial Branch rightfully checked this Congress law in an attempt to stop governmental prejudice. An instance of the Judicial Branch being checked is 1805 Associate Justice Samuel Chase was impeached due to expressing his strict federalist ideas in the court and the idea of Judges serving for life irritating Thomas Jefferson; The House of Reps passed the articles of impeachment, and then was acquitted by the Senate. This shows that the other branches have the right (with the right resources) to impeach Supreme Court justices if they step out of
Before the Northwest Ordinance of 1787, many states own land in the area that was considered in the Northwest, is east of the Mississippi River and North of the Ohio River. When all the states were in debt from the American Revolution, the Central government offered that if the states gave up their land in the Northwest, the central government will pay their debt. This was named the Northwest Ordinance of 1787. This also created rules on creating a new state. The land that the states gave up cannot have slaves and in order an area to become a state, they must have a population of 5000 males or 60000 people.
The executive branch is privileged with the power to carry out laws. The executive branch has a few checks over the legislative branch. It has the ability to veto powers and the ability to call special sessions of congress. The executive branch can recommend legislation and can appeal to the people concerned with the legislation. It also allows the president to appoint the Supreme Court and other federal judges.
Ratification of the Constitution by some states was based on the expectation that the Constitution would be changed by amendments such as these. Madison originally drafted 19 amendments, 12 of which his congressional colleagues passed on to the states for their approval. On December 15, 1791, 10 had been approved by enough states to become part of the Constitution. These amendments guarantee our individual rights as citizens, such as the freedom of speech, religion and in the First Amendment. In 1785 Madison had written one of the most significant essays regarding separation of religion and government, which no doubt gave him inspiration for some of the Bill of
The President is limited to what he/ she can achieve. The President must essentially share powers with the other two branches of government stated above. Congress is the one who has the upper hand over the President with issues such as foreign and interstate commerce, financial, and most importantly legislative approval. Congress has the power to pass a legislation and allocate the money. With the Affordable Health Care Act even though it was the Presidents law the Congress and Supreme Court had to approve of passing the
Judicial Restraint v Judicial Activism: District of Columbia v Heller, 2008 The Constitution states that the “judicial Power of the United States, shall be vested in one supreme Court,” a court made up of justices from different backgrounds, races, religions, and most importantly political views. The Court has the ultimate responsibility of overseeing all affairs of Congress and – when deemed necessary – acting to overturn decisions found not in accordance with the Constitution. When deciding cases that could potentially violate the Constitution, justices use judicial restraint or judicial activism in their decision-making. Judicial activism is a term used for instances in which judges “creatively (re)interpret the texts of the Constitution and the laws, ” allowing them to meet the needs of the people that would not be met otherwise; justices essentially act as policy makers. The fault in this lies in the motivation behind the justices’ decisions; with judicial activism, it is nearly impossible to view law as objective and free of bias.
“The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may be justly pronounced the very definition of tyranny.” (Document B) The Madison quote shows that no person or persons should acquire all powers of the government otherwise it will become a tyranny. Hence our government is split into three branches, all with different powers, so that we may have a separation of powers to protect against tyranny. This separation of powers helps prevent one group from taking over the other two so that our country shall not be ruled by a tyrant
The congress has the rights to lay out and collect taxes. This amendment deals with the power of congress. The congress has power to make money. Make a postal service, army, and have federal cuts. Congress can have great authority over the executive branch due to the "power" of "purse" agreement.