Question
Use your knowledge of Local, State and National Government to answer the following constructed respanse question: The expressed powers of Concress are outlined in Article I of the Constitution however, Congress also has implied powers it can use because of the necessary and proper clause - Exolain the nocessary and proper clause. - Does the necessary and proper chuse give Congress too much power? Explain your position. - Use detalls and examples to support your answer. Write your answer below.
Answer
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Isolde
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Answer
1. **Explanation of the Necessary and Proper Clause**: The Necessary and Proper Clause, also known as the Elastic Clause, is found in Article I, Section 8, Clause 18 of the United States Constitution. It grants Congress the authority to make laws that are necessary and proper for carrying out its enumerated powers. In essence, it empowers Congress to enact legislation beyond the explicit powers listed in the Constitution if such laws are deemed essential to effectively execute its constitutional responsibilities.2. **Extent of Congressional Power under the Necessary and Proper Clause**: The Necessary and Proper Clause does grant Congress significant authority, but it does not provide unlimited power. While it allows Congress to enact laws to fulfill its enumerated powers, these laws must still be reasonably related to the execution of those powers. Congress cannot use the Necessary and Proper Clause to pass legislation that falls entirely outside the scope of its constitutional authority.3. **Supporting Position with Examples**: - **McCulloch v. Maryland (1819)**: In this landmark case, the Supreme Court affirmed Congress's authority under the Necessary and Proper Clause. Chief Justice John Marshall stated that while the clause grants Congress discretion in choosing means to execute its powers, those means must be "appropriate" and "plainly adapted" to the ends enumerated in the Constitution. - **The National Bank**: Congress utilized the Necessary and Proper Clause to establish the First Bank of the United States in 1791 and the Second Bank of the United States in 1816. Despite the absence of explicit authorization for a national bank in the Constitution, Congress argued that such institutions were necessary and proper for managing the nation's finances and regulating currency. - **Regulation of Interstate Commerce**: Through the Necessary and Proper Clause, Congress has enacted various laws to regulate interstate commerce, such as the Interstate Commerce Act of 1887 and the Sherman Antitrust Act of 1890. These laws were deemed essential for maintaining a fair and efficient economic system, aligning with Congress's enumerated power to regulate commerce among the states.In conclusion, while the Necessary and Proper Clause grants Congress significant authority, it does not confer unlimited power. Congress must justify its actions under this clause by demonstrating a clear connection to its enumerated powers and ensuring that its legislation is reasonably necessary and appropriate for executing those powers.