Necessary and Proper Clause

Examples of Necessary and Proper Clause in the following topics:

• McCulloch v. Maryland

  • The Court invoked the "Necessary and Proper" clause of the Constitution, which allowed the federal government to pass laws not named in the Constitution's list of express powers, provided those laws usefully furthered the express powers of Congress under the Constitution.
  • The Court broadly described Congress' authority before addressing the Necessary and Proper clause.
  • Fourth, in liberally interpreting the Necessary and Proper clause, the Court naturally rejected Maryland's narrow interpretation of the clause, which purported that the word "necessary" in the Necessary and Proper Clause meant that Congress could only pass those laws which were absolutely essential in the execution of its enumerated powers.
  • The Court held that for these reasons, the word "necessary" in the Necessary and Proper Clause does not refer to the only way of doing something, but rather applies to various procedures for implementing all constitutionally established powers.This principle had been established many years earlier by Alexander Hamilton:
  • Chief Justice Marshall also explained in this case that the Necessary and Proper Clause "purport[s] to enlarge, not to diminish the powers vested in the government.

• Delegated Powers

  • The list of enumerated powers includes the following: "The Congress shall have Power 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; but all Duties, Imposts and Excises shall be uniform throughout the United States;" "To borrow Money on the credit of the United States;" "to declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;" and "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."
  • Loose constructionists provide a wider and broader reading of the Constitution and amendments passed historically.
  • Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the republic.
  • Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers.
  • Loose constructionists, on the other hand, interpret the Necessary and Proper Clause as expanding the authority of Congress to all areas tangentially related to one of its enumerated powers.

• Hamilton's Achievements

  • Alexander Hamilton's broad interpretation of Constitutional powers has influenced multiple generations of American leaders and political theorists.
  • For instance, as the first Secretary of the Treasury, Hamilton established, despite opposition from Jefferson and Madison, the first National Bank.
  • Hamilton justified the Bank and the broad scope of congressional power necessary to establish it by citing Congress' constitutional powers to issue currency, regulate interstate commerce, and enact any other legislation "necessary and proper" to enact the provisions of the Constitution.This broad view of congressional power was enshrined into legal precedent in the Supreme Court case McCulloch v.
  • His constitutional interpretation of the Necessary and Proper Clause set precedents for broad federal authority that are still upheld in courts and are considered an authority on constitutional interpretation.
  • Identify several of Alexander Hamilton's key accomplishments and the constitutional principle that made them possible

• The Legislative Function

  • Congress has implied powers deriving from the Constitution's Necessary and Proper Clause which permit Congress 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. " Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section 8.
  • Congress also has the exclusive power of removal, allowing impeachment and removal of the president, federal judges and other federal officers.
  • Bush, Bill Clinton, and George W.
  • Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and subcommittees which gather information, evaluate alternatives, and identify problems.
  • A Concurrent Resolutions, which affects both House and Senate and thus are not presented to the president for approval later.

• Early U.S. Supreme Court Decisions

  • Fourth, he invoked the Necessary and Proper Clause, permitting Congress to seek an objective within its enumerated power so long as it is rationally related to the objective and not forbidden by the Constitution.
  • The Court rejected Maryland's interpretation of the clause and determined that Maryland may not tax the Bank without violating the Constitution.
  • Competitors challenged Livingston and Fulton, arguing that the commerce power of the Federal government was exclusive and superseded state laws.
  • The Supreme Court ruled in favor of Gibbons, arguing that the source of Congress' power to promulgate the law was the Commerce Clause.
  • Later Supreme Court rulings would reaffirm this ruling and, beginning in the early 20th century, the Supreme Court used the Due Process Clause of the Fourteenth Amendment to apply most of the Bill of Rights to the states through the process of selective incorporation.

• Semicolons

  • Semicolons are used to link related clauses and to separate clauses that contain additional punctuation.
  • Semicolons, like colons and commas, indicate pauses within a sentence to show relationships between words and clauses.
  • Semicolons can join closely related independent clauses that are not linked with a coordinating conjunction:
  • Example: Here are three examples of familiar sequences: one, two, and three; a, b, and c; first, second, and third.
  • Semicolons are followed by a lowercase letter, unless that letter is the first letter of a proper noun like "I" or "Paris."

• Eliminating Comma Splices and Fused Sentences

  • A comma splice occurs when two independent clauses (or in other words, two clauses that each express a complete thought and could stand on its own as a full sentence) are joined only by a comma instead of an acceptable form of punctuation, such as a comma with a coordinating conjunction, a period or a semicolon.
  • Once you discover where the two independent clauses are "spliced," you can then decide how best to separate the clauses:
  • If you locate a run-on sentence and find where the two independent clauses "collide," you can then decide how best to separate the clauses.
  • You can use a coordinating conjunction and a comma, and this also will indicate a relationship.
  • Identify comma splices and list the options for correcting the error

• Structure of a Sentence

  • From this solid base, you can begin adding your objects and clauses to create more complex sentences.
  • "However," "nonetheless," and "still" are often used as qualifiers between independent clauses.
  • A complex sentence consists of at least one independent clause and one subordinate clause.
  • This sentence contains two independent clauses (one before and one after the comma), and each independent clause contains a subordinate clause ("what you eat" and "what you are").
  • There are countless variations of compound-complex sentences, and while they can be complicated, they are often necessary in order to make complete connections between ideas.

• Components of a Sentence

  • English features four core sentence elements (subjects, predicates, objects, and modifiers) that make up phrases and clauses, which in turn make up sentences.
  • The second example is correct; it has all the necessary components of a full sentence—a subject and a predicate.
  • Modifying clauses (a clause is any group of words with its own subject and predicate): The only one of the seven dwarfs who does not have a beard is Dopey.
  • (adjective clause)
  • We call them independent because these types of clauses can stand by themselves, without any extra words attached, and be complete sentences.

• Limitation of Microbial Growth by Nutrient Supply

  • Nutrients are necessary for microbial growth and play a vital role in culturing microorganisms outside of their natural environment.
  • Nutrients are necessary for microbial growth and play a vital role in the proper cultivation of microorganisms in the laboratory and for proper growth in their natural environments.
  • The types of nutrients that are required include those that supply energy, carbon and additional necessary materials.
  • In industrial microbiology this concept is critical, as microbial growth and production is dictated by proper cellular growth and metabolism.
  • In order for microogranisms to be cultured in the laboratory or undergo successful growth in their natural environment, the proper nutrients are absolutely necessary.