As said on page 78 of the Edward's textbook, implied powers are "powers of the federal government that go beyond those enumerated in the Constitution". Implied powers give the federal government the ability to interpret the Constitution however they believe is "necessary and proper" for carrying out the execution of the law. I do not believe that the "necessary and proper" clause has led to a national government that is too large because without the necessary and proper clause the people of America would have to go by the laws that the founding fathers thought were efficient in the 1700's. The necessary and proper clause gives the government the ability to interpret the Constitution in a modern way to better the lives of the American people.
You said that the "implied powers give federal government the ability to interpret the Constitution however they believe is 'necessary and proper' for carrying out the execution of the law." You said this and further stated that it doesn't make the national government too powerful, but it is this exact thought in which it does make the national government too powerful. With their ability to make any decision they make or law they pass permissible using this clause, they can virtually do whatever they want. In time, this particular clause could be what overpowers the national government, which in turn, overpowers the people.
I agree with Eli and think that the ‘necessary and proper’ clause has not made the national government too large. I think that the founding fathers included the necessary and proper clause in the Constitution so future generations would be able to pass laws that are relevant to the country at that time. Without the necessary and proper clause, the government would not be able to “secure the Blessings of Liberty” and it’s power would be limited to only what is directly stated in the Constitution. In the case McCulloch v Maryland, the Chief Justice John Marshall “noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution” (www.oyez.org). Also, the separation of powers keeps each branch in check so no one branch of the government can become too large and powerful.
While I agree that the "necessary and proper" clause has been essential to the U.S. moving into the modern era, it has also given the national government too much power. The government can simply claim that what they are doing is "necessary and proper", thus making the national government able to do virtually anything. The "necessary and proper" clause has made the national government too powerful because the government can interpret the constitution any way that they want in order to make any laws they want.
While I agree that the "necessary and proper" clause has been essential to the U.S. moving into the modern era, it has also given the national government too much power. The government can simply claim that what they are doing is "necessary and proper", thus making the national government able to do virtually anything. The "necessary and proper" clause has made the national government too powerful because the government can interpret the constitution any way that they want in order to make any laws they want.
As said on page 78 of the Edward's textbook, implied powers are "powers of the federal government that go beyond those enumerated in the Constitution". Implied powers give the federal government the ability to interpret the Constitution however they believe is "necessary and proper" for carrying out the execution of the law. I do not believe that the "necessary and proper" clause has led to a national government that is too large because without the necessary and proper clause the people of America would have to go by the laws that the founding fathers thought were efficient in the 1700's. The necessary and proper clause gives the government the ability to interpret the Constitution in a modern way to better the lives of the American people.
ReplyDeleteYou said that the "implied powers give federal government the ability to interpret the Constitution however they believe is 'necessary and proper' for carrying out the execution of the law." You said this and further stated that it doesn't make the national government too powerful, but it is this exact thought in which it does make the national government too powerful. With their ability to make any decision they make or law they pass permissible using this clause, they can virtually do whatever they want. In time, this particular clause could be what overpowers the national government, which in turn, overpowers the people.
DeleteI agree with Eli and think that the ‘necessary and proper’ clause has not made the national government too large. I think that the founding fathers included the necessary and proper clause in the Constitution so future generations would be able to pass laws that are relevant to the country at that time. Without the necessary and proper clause, the government would not be able to “secure the Blessings of Liberty” and it’s power would be limited to only what is directly stated in the Constitution. In the case McCulloch v Maryland, the Chief Justice John Marshall “noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution” (www.oyez.org). Also, the separation of powers keeps each branch in check so no one branch of the government can become too large and powerful.
DeleteWhile I agree that the "necessary and proper" clause has been essential to the U.S. moving into the modern era, it has also given the national government too much power. The government can simply claim that what they are doing is "necessary and proper", thus making the national government able to do virtually anything. The "necessary and proper" clause has made the national government too powerful because the government can interpret the constitution any way that they want in order to make any laws they want.
ReplyDeleteWhile I agree that the "necessary and proper" clause has been essential to the U.S. moving into the modern era, it has also given the national government too much power. The government can simply claim that what they are doing is "necessary and proper", thus making the national government able to do virtually anything. The "necessary and proper" clause has made the national government too powerful because the government can interpret the constitution any way that they want in order to make any laws they want.
ReplyDelete