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Example research essay topic: U S Constitution Proper Clause - 2,200 words

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The "Necessary and Proper" Clause Introduction Constitution of the United States of America is the most important regulating law for any citizen of America. The lawmaking consists of several aspects: it is used to issue, change or cancel general principles of law. This concept can be also related to the main goal of the American Congress. In such a way, there are three main state structures that regulate the law: The Congress, President and the Supreme Court.

To summarize, we add that lawmaking should be distinguished within the limits of lawmaking form of state activity. In such a way, legislation is the activity of Parliament embracing standards acts of the law. The Founding Fathers undertook attempts to define the limits of federal law. For example, James Madison tried to give precise definition of state functions (i. e. he considered that the Congress should examine the law, and the President should execute it).

In his turn, Alexander Hamilton considered that the main aim of the executive power is to pass the bills, or, in other words, to establish social standards and rules. According to him, this social normalization rule of our society regulates duties and rights of the citizens. Finally, we can suppose that the Founding Fathers considered legislative federal form Constitution of the United States as a tool created to regulate the behavior of its citizens. However, the objective limits of legislative activity of the Congress can be defined on basis of Constitution. Constitutional powers of the Congress: legislative limits. Necessary and proper clause When the legislators start to examine lawmaking competence of the Parliament, they face alternative: exact enumeration or omnipotence.

To put it differently, the legislators should make a choice: either they do casuistic enumeration of subject of the law, or legislative power achieves right pas to regulate all kinds of issues. Prima facie it seems that Constitution of the United States follows the principle of exact enumeration. Yet, the legislative practice more often chooses the last variant that originated from traditions of the British state-legal regime. Article 1, Section 1 The Legislature foresees that All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives (The U. S. Constitution Art. 1, Sec. 1).

At the same time Section 8 enumerates the major part of statutory powers in 18 clauses. Here, in particular, we can see the powers to To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States, to borrow money on the credit of the United States, [] to exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings (The U. S. Constitution Art. 1, Sec. 8) and others together with the necessary and proper clause. Legislative powers of the American Parliament are also foreseen by other clauses and Articles of the American Constitution as well as other corrections. These corrections gave to the Congress a number of additional powers in the field of lawmaking.

So, what is the aim of exact enumeration? The legislative powers of the American federal law are known as enumerated powers or express powers. They are also known as Constitutional powers. The main reason of exact enumeration was the fact that a significant part of constitutional powers had an executive character. Executive powers, in such a way, should be formulated and enumerated precisely.

Enumeration of powers had to serve as a certain limitation of the executive power and control over it. Constitution made federal legislation the only legislative authority. However, all legislative power in the government was split between this authority and legislations of the states. The main emphasis was laid on Congress because its competency embraces the most important legislative issues. Besides, the main federal law contains so-called supremacy clause (Article VI) that establishes the supremacy of laws issues by Congress over the law and order of States.

In order to have a clear idea of proper and necessary clause we need to examine Constitution more thoroughly. So, the desire of the Founding Fathers to differentiate federal laws and state laws (except of the fact of their exact enumeration) is supported by phrase from Article 1, Section 1. The phrase contains words all legislative Powers (The U. S. Constitution Art. 1, Sec. 1). It is not mentioned that legislative power should belong to the Congress.

We have to note that legislative power of this authority is excluded by correction X to the U. S. Constitution. According to information above-enumerated, is American Parliament able to issue the laws limited by cases foreseen and enumerated in the American Constitution express verbis? Some legislators and politicians answered positively because of the fact of exact enumeration. For example, the case United States v.

Harris resulted in court decision claiming that the authorities of the United States have delegated, limited and enumerated powers. According to the court decision, the Congress should find corresponding power in the Constitution before it will issue the law. Other case the law can be found dormant. The court in the case Kansas v. Colorado came to almost the same conclusion. Besides, they fixed that if articles II and III of the main Federal law grant the President with right of executive power, and general courts grant him with legislative power, the Article I of the Constitution has no such general definition of his competency because Section 8 exactly enumerates legislative powers.

Moreover, Section 8 has no definitions of corresponding powers at all. Necessary and Proper Clause It seems that both Supreme Court judges and their supporters forgot that Section 8 Article 1 has an extremely important clause containing the necessary and proper powers. According to this clause, the Congress has 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 in any Department or Officer thereof (The U. S. Constitution Art. 1, Sec. 8). Necessary and Proper Clause opens the way to wide interpretation of legislative powers of the American Congress.

The concept of implied powers of the Congress was created only because of formulation of the Necessary and Proper Clause. The enumeration of legislative powers is quite extensive. However, after the main law was put into action, the enumeration became insufficient. There was a necessity in add-ins and more extensive interpretation. According to Necessary and Proper Clause, the subject of laws should be extended, added by right to issue the laws that will be necessary and proper in order to execute: - powers, foreseen by the subject; - powers, empowered to state authorities; - powers, empowered to any authority or official; The first group of powers was already examined. Although the federal state law has no direct mentioning of the second group of powers, the separate moments can be found in preamble and Section 4 Article IV.

What concerns the third group of powers, state federal law has no record of it. This question in context of Congress tasks is generally related to issuing laws aimed to facilitate the work of the President and Supreme Court. For example, in case the government needs to file a petition to Congress concerning situation in the country, the government submits the methods it considers necessary and proper. Permanent confusion concerning formulation and interpretation of the necessary and proper clause became Pandora's Box. For example, Alexander Hamilton and Jefferson had completely different interpretation of the necessary and proper clause. Lets quite the necessary and proper clause once more in order to examine it more thoroughly in relation to Jefferson and Hamilton's interpretations.

So, it claims that the Congress has 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 in any Department or Officer thereof. Hamilton and Jefferson interpreted the necessary and proper clause in completely different ways. The elastic clause became a point of controversy. Hamilton and Jefferson embodied two powerful and opposing political forces.

Alexander Hamilton interpreted the clause loosely, in contrast to Thomas Jefferson, who preferred to interpret the clause strictly. As far as we can see, Section 1 doesnt empower the Congress to establish a national bank. However, Hamilton, who interpreted Constitution loosely, considered the establishment of a national bank being a necessary and proper according to clause 18. This point became a subject of continuous debates and conflicts between the politicians. Thomas Jefferson considered that Constitution is a living monument and should be interpreted verbatim et literatim. Alexander Hamilton, in contrast to Jefferson, thought that American nation is able to decide an issue whether the society can have an effective power.

Hamilton strived to close cooperation with states at the head of strong national government whereas Jefferson had a propensity for democracy and freedom. The Minster of Finance brought the spirit of efficiency, order and orderliness into constitutional activity. His interpretation of the necessary and proper clause helped to introduce plan aimed to maintain state credit, to support and defend economical principles as well as the idea of effective government. Alexander Hamilton explained that the country feels necessity in credits in order to develop industry, commerce and state activity. The government, in its turn, has to enjoy citizens confidence and support. Many politicians wanted to cancel national debt but Hamilton insisted on its complete payment.

He also proposed the Congress to take responsibility for state debt payments made during revolution. The establishment of the U. S. National Bank became the main point of controversies. Jefferson considered that the Congress cannot establish a bank because Section 1 contains exact enumeration of Congress powers.

Hamilton, on contrary, considered that the case with national bank covers subject matter necessary and proper clause. Thomas Jefferson was more moderate in political issues and more philosophically-minded person. He acknowledged the importance of strong central government in foreign affairs. However, Jefferson was afraid that loose interpretation of necessary and proper clause can result in impaired right of freedom. The main Hamilton's aim was more effective organization of power, whereas Jefferson's aim was greater freedom of the individual according to principle that every person and every society have right of self-government. Alexander Hamilton was afraid of anarchy and reasoned by the categories of order.

Jefferson, on contrary, didnt like the despotism and reasoned by the categories of freedom. All these discrepancies definitely resulted in different interpretation of the necessary and proper clause. When Alexander Hamilton introduced a bill concerning the national bank, Jefferson immediately started to raise objections against it. Thomas Jefferson tried to prove that Constitution enumerated powers of the Congress and leaves all other powers to states, but at the same time it mentions no right to establish a bank.

Alexander Hamilton claimed that loose interpretation of necessary and proper clause is necessary because eighteen clauses were written in order to avoid excessive detailed description of all other powers. The Eighteenth clause, in such a way, was written to confirm the power of Congress to make any other action, regulation or law it will consider necessary and proper. According to Constitution, federal state has power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts, To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes, To coin Money, and national bank, in this case will grant execution of all this functions. In such a way, the Congress has power to establish a national bank because it is implied in the text of the U. S. Constitution (Syrett 1961).

Washington and members of the Congress agreed with such explanation, and supported the law. In such a way, the national bank was established and precedent was set. Conclusion Loose interpretation of the necessary and proper clause helped Alexander Hamilton to develop a project of national bank. According to this project, the national bank of the United States had right to create branches in different parts of the country, to create state mint, etc. He also brought arguments in support of protectionist tariffs to give a spur to national industry. In its turn, creation of firm basis for crediting federal state, receipt of all sources of budget incomes for acquittance stimulates became a powerful incentive to development of commerce and industry.

In such a way we can see that loose Hamiltonian interpretation of the necessary and proper clause is more correct because it definitely favored the development of our country. Bibliography: The U. S. Constitution. Retrieved October 25, 2006. web Syrett, H. (ed. ). (1961).

The Papers of Alexander Hamilton. New York and London: Columbia University Press


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Research essay sample on U S Constitution Proper Clause

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