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Article 1, Section 8, Clause 18

Marissa Garcia P2

Necessary and Proper Clause

Historical and Current Example

What is the article about?

How does the Article provide a Check and Balance

to the Government?

McCulloch vs. Maryland 1819:

A bank teller, James W. McCulloch, brought attention after Maryland taxed bank notes. Chief Justice John Marshall wrote that the Constitution gives Congress rights to make all laws necessary and proper. The bank was apart of federal government and the law created the bank making it constitutional to tax bank notes.

" 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 article provides a check and balance due to the fact that Section 8, Clause 18, respects and reinforces Separation of Powers. The clause allows Congress to choose when, whether to, and how to legislate "for carrying into execution" the powers of another branch.

The elastic clause is the base for the legislative branch's powers. It serves for two main purposes: to help the powers of congress and to aid the organization of the government. It gives Congress the flexibility to make laws or to act when the constitution doesn't necessarily give direct approval. But, the clause doesn't give full rights for congress to create any laws that they feel are appropriate.

Gonzales vs. Raich 2005:

The Commerce and Elastic clause can work together in some cases. In this case, the Commerce Clause gave Congress the right to criminalize the growth and use of marijuana even if the state approved it. But, the people argued that Congress passed the Controlled Substances Act, which Congress passed using the Elastic Clause.

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