What Was the Necessary and Proper Clause

The Necessary and Proper Clause, formally drafted as Clause 18 of Article 1 of the U.S. Constitution and also known as the elastic clause, is one of the most powerful and important clauses in the Constitution. Clauses 1–17 of Article 1 enumerate all of the powers that the government has over the legislation of the country. Clause 18 gives Congress the ability to create structures organizing the government, and to write new legislation to support the explicit powers enumerated in Clauses 1–17. Article I, Section 8, Clause 18 allows the Government of the United States 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. The definitions of necessary, proper, and carrying into execution have all been debated since the words were written during the Constitutional Convention in Philadelphia in 1787. There is a strong possibility that it was kept purposefully vague. Necessary and Proper Clause The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers.  Also known as the elastic clause, it was written into the Constitution in 1787.The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamiltons formation of a National Bank.The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining. Purpose of the Elastic Clause In general, the main purpose of this elastic clause, also known as the sweeping or general clause, is to give Congress the flexibility to get the other 17 enumerated powers achieved. Congress is limited in its power over the American people to only those powers specifically written into the Constitution, such as determine who can be a citizen, collect taxes, establish post offices, and set up a judiciary. The existence of that list of powers implies that Congress can make laws necessary to ensure that those powers can be carried out. Clause 18 makes that explicit. For example, the government could not collect taxes, which power is enumerated as Clause 1 in Article 1, Section 8, without passing a law to create a tax-collecting agency, which is not enumerated.  Clause 18 has been used for all sorts of federal actions including requiring integration in the states—for instance, whether a National Bank can be created (implied in Clause 2), to Obamacare and the ability of states to legalize the growing and distribution of marijuana (both Clause 3). In addition, the elastic clause allows the Congress to create the hierarchical structure to enact the other 17 clauses: to build a lower court (Clause 9), to set up an organized militia (Clause 15), and to organize a post office distribution method (Clause 7). The Powers of Congress According to Article 1, section 8, of the Constitution, Congress has the following 18 powers and only the following powers: 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 regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;  To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;  To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;  To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;  To establish Post Offices and post Roads;  To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;To constitute Tribunals inferior to the Supreme Court;  To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;  To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;  To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;  To provide and maintain a Navy;  To make Rules for the Government and Regulation of the land and naval Forces;  To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;  To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;  To exercise exclusive Legislation in all Cases whatsoever, over such Dis trict (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;—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.   The Elastic Clause and the Constitutional Convention The 18th clause was added to the Constitution by the Committee on Detail without any previous discussion at all, and it was not the subject of debate in Committee, either. That was because the original intent and wording of the Section was not to enumerate Congresss powers at all, but instead to provide an open-ended grant to Congress to legislate in all cases for the general interests of the Union, and also to those to which the States are separately incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation. Proposed by Delaware politician Gunning Bedford, Jr. (1747–1812), that version was roundly rejected by the Committee, who instead enumerated the 17 powers and the 18th to help them get the other 17 completed. However, Clause 18 was hotly debated in the ratification stage. Opponents objected to the 18th clause saying it was evidence that the Federalists wanted unlimited and undefined powers. The Anti-Federalist delegate from New York, John Williams (1752–1806), said with alarm that it is perhaps utterly impossible fully to define this power, and whatever they judge necessary for the proper administration of the powers lodged in them, they may execute without any check or impediment. The Federalist delegate from Virginia George Nicholas (1754–1799) said the Constitution had enumerated all the powers which the general government should have but did not say how they should be exercised. The sweeping clause should only be extended to the enumerated powers. What Do Necessary and Proper Mean? In his finding over the 1819 McCulloch v. Maryland case, Supreme Court Chief Justice John Marshall (1755–1835) defined necessary to mean appropriate and legitimate. In the same court case, then-former U.S. president Thomas Jefferson (1743–1826) interpreted that it meant essential—an enumerated power would be pointless without the proposed action. Earlier, James Madison (1731–1836) said there had to be an obvious and precise affinity between the power and any implementing law, and Alexander Hamilton (1755–1804) said that it meant any law that might be conducive to the implemented power. Notwithstanding the long-term debate over what necessary means, the Supreme Court has never found a congressional law unconstitutional because it was not necessary. However, more recently, the definition of proper was brought up in Printz v. the United States, which challenged the Brady Handgun Violence Prevention Act (Brady Bill), which  compelled state officials to implement federal gun registration requirements. Opponents said it was not proper because it interfered with states rights to set their own laws. President Barack Obamas Affordable Care Act (signed March 23, 2010) also came under attack in National Federation of Independent Business v. Sebelius because it was deemed not proper. The Supreme Court was unanimous in their decision to keep the ACA but divided about whether a law could ever fail to be proper if it did not involve direct federal regulation of state governments. The First Elastic Clause Supreme Court Case Over the years, the interpretation of the elastic clause has created much debate and led to numerous court cases about whether or not Congress has overstepped its bounds by passing certain laws not expressly covered in the Constitution. The first such major Supreme Court Case to deal with this clause in the Constitution was McCulloch v. Maryland (1819). The issue at hand was whether the United States had the power to create the Second Bank of the United States, which had not been expressly enumerated in the Constitution. Further at issue was whether a state had the power to tax that bank. The Supreme Court decided unanimously for the United States: They can create a bank (in support of Clause 2), and it cant be taxed (Clause 3).   John Marshall, as the Chief Justice, wrote the majority opinion which stated that the creation of the bank was necessary to ensure that Congress had the right to tax, borrow, and regulate interstate commerce—something that was granted it in its enumerated powers—and therefore could be created. The government received this power, said Marshall, through the Necessary and Proper Clause. The court also found that individual states did not have the power to tax the national government because of Article VI of the Constitution which stated that that national government was supreme.   In the late 18th century, Thomas Jefferson had been against Hamiltons desire to create a National Bank, arguing that the only rights that had been given to Congress were those which were in fact spelled out in the Constitution. But after he became president, he used the Necessary and Proper clause to take on a huge amount of debt for the country when he decided to complete the  Louisiana Purchase, realizing that there was a pressing need to purchase the territory. The treaty including the purchase was ratified in the Senate on October 20, 1803, and it never reached the Supreme Court. The Commerce Clause Several implementations of the Commerce Clause (Clause 3) have been the target of debates over the use of the Elastic Clause. In 1935, a case for creating and enforcing a collective bargaining piece of the National Labor Relations Act was the focus of a Congressional finding that refusal to bargain collectively leads to worker strikes, which burden and obstruct interstate commerce. The 1970 Occupational Safety and Health Administration Act, as well as various civil rights acts and discrimination laws, are considered constitutional because the health and employment workplace affects interstate commerce, even if the workplace is a manufacturing plant not directly involved with interstate commerce. In the 2005 court case Gonzales v. Raich, the Supreme Court rejected Californias challenge to federal drug laws banning marijuana. Since that time, several state laws allowing the production and sale of marijuana in one form or another have been passed. The federal government still sets the rules for all the states, and that rule is marijuana is a Schedule 1 drug and therefore illegal: But as of late 2018, the federal government has chosen to not enforce their current drug policy. Other issues referring to Clause 18 include whether the federal government can hold sex offenders past the ends of their terms for the protection of the public; whether the government can charter corporations to get a project such as an interstate bridge completed; and when the federal government can take a criminal from a state court to try him or her in a federal court. Continuing Issues The Necessary and Proper clause was intended to allow Congress to decide whether, when and how to legislate for carrying into execution the powers of another branch, and at the same time intended to respect and reinforce the principle of separation of powers. Even to this day, arguments still center on the extent of the implied powers the elastic clause gives to Congress. The arguments over the role that the national government should play in creating a nationwide health care system often come back to whether or not the elastic clause includes such a move. Needless to say, this powerful clause will continue to result in debate and legal actions for many years to come.   Sources and Further Reading Barnett, Randy E. The Original Meaning of the Necessary and Proper Clause. University of Pennsylvania Journal of Constitutional Law 6 (2003–2004): 183–221. Print.Baude, William. State Regulation and the Necessary and Proper Clause University of Chicago Public Law Legal Theory Working Paper 507 (2014). Print.Harrison, John. Enumerated Federal Power and the Necessary and Proper Clause. Rev. of The Origins of the Necessary and Proper Clause, Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, Guy I. Seidman. The University of Chicago Law Review 78.3 (2011): 1101–31. Print.Lawson, Gary, and Neil S.  Siegel. The Necessary and Proper Clause. Interactive Constitution. National Constitution Center. Web. December 1 2018.

The Use Of GPS Monitoring System - 908 Words

Improvements in technology has allowed many individuals to thrive and connect with the world. In some cases, it is utilized as a tool to track and map events, occurrences, and even individuals. One type of technology that is commonly used today among law enforcement is the global positioning system also known as GPS. Using GPS monitoring is an important tool that correction officers use for individuals that are either on parole or house arrest. The tracking device is essential to not only maintaining the location of the certain people in question, but it also assists in monitoring the behavior and social interactions of the offender(s) on a daily basis. Electronic monitoring is an alternative form of punishment instead of going to jail.†¦show more content†¦Furthermore, using GPS monitoring to surveillance high-risk gang offenders (HRGOs) can keep the community safe. By watching who they interact with and overseeing the activities that the parolee becomes involved with may d ecrease the rate of recidivism. The constant monitoring of the parolee with the help of the tracking device helps suppress the violent tendency done by the gang member which then in turns increases public safety. In a poll among agents who used the GPS monitoring system to track high-risk gang offenders, about â€Å"87% felt GPS supervision provided more public safety than traditional parole supervision† (National Institute of Justice, 2013). Consequently, a downside to using electric monitoring on offenders is that it is not cheap. In a study done by the NIJ in a research project, GPS monitoring approximately costs around nine dollars more than traditional supervision. In fact, the cost of a single individual is around $35.96 a day (Bulman, 2013). Although the method is more expensive, the GPS monitoring shows results. 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A Summary of a Mothers’s Newborn Baby Free Essays

string(75) " she saw something on the floor and picked it up and to her mouth it went\." Twana PSY 210 Mrs. Stone March 7, 2013 On March 9, 2010 I gave birth to a beautiful baby girl. She weighed six pounds, eleven ounces and was 21 inches long. We will write a custom essay sample on A Summary of a Mothers’s Newborn Baby or any similar topic only for you Order Now Her beauty took my breath away. Once the doctor spanked her bottom and I heard her cry it was like music to my ears. As they placed her in my arms all of the pain I felt from my 14 hour delivery vanished. I felt as if I had just won an Olympic race and I came in 1st place. My trophy was this beautiful bundle of joy. My husband and I decided to name her Adrianna Renee. The emotional bond or attachment that I felt for my daughter had me speechless. Then the nurse told me they had to take her briefly to do some type of test on her called Apgar score. She explained to me that the test was a standard scoring system that allows the doctor to evaluate Adrianna’s condition quickly and objectively. At first I was skeptical because my daughter looked perfect in my eyes. So the nurse takes her from me to go have the test done and while they are gone the other nurses tend to my needs. It seemed like forever but it only took 10 minutes and they were done with the Apgar score. Adrianna had done great scoring a 10 the highest an infant can get meaning she was perfect like I knew she would be. Our stay in the hospital was short and before I knew it my husband was taking us home. Once we arrived home Adrianna surprised me how well she adapted to her new surroundings. She acted as if she was home and that was where she was supposed to be. Since I was a new mother I wanted to breastfeed my baby. The nurses told me that my milk was healthier for her, so that’s what I wanted. Unfortunately Adrianna was not having my big ole floppy boob in her face and she screamed bloody murder. So my husband had to go out and purchase a breast pump. Personally I have to say that the rejection hurt my feelings at first, but I found other ways to bond with my daughter, such as skin to skin contact. She absolutely loved skin to skin contact. I guess it soothed her and she knew she was safe. Once my husband returned from Wal-Mart with the breast pump I immediately began to pump. Adrianna was hungry because she was trying to eat her little fingers and suck her thumb. The dr. told me those were survival reflexes and they had swung into action when we were at the hospital. Well Adrianna sucked that breast milk down and wanted more. I burped her after three ounces and then my husband wanted to feed her. So since she was still hungry, I let her daddy feed her another two ounces. I told my husband don’t forget to burp her, because if he didn’t he was going to wear some regurgitated breast milk. Ha I love picking with him. Since I had about 10 minutes to spare, I took this time to pump more milk and store it in the fridge and freezer. Adrianna burped again and was now sound asleep. I took advantage of this time to shower and nap with her while her father did the laundry and cooked dinner. Adrianna was a wonderful infant. She only cried when she was hungry or when her diaper needed changing, other than that she just slept. At night she would only wake once approximately about 3 a. m. for a bottle and to be changed. She would stay awake till 4 a. m. looking around and looking at me as I talked to her. Adrianna would slowly drift back to sleep in my arms, then I would lay her down in her crib. I stood over her crib and watch as she made the cutest little faces. She would smile huge smiles while sleeping. My mother always told me when a baby smiles like that in their sleep the angels are playing with them. I would silently go back to my room to get more sleep before my hubby came home from work. It seemed like once he got here he’d wake us both up. He had to have daddy time with the baby. So for the first three months of Adrianna’s life this was our routine schedule. By the time Adrianna was four months old she was more alert throughout the day and was sleeping through the night waking at 6 a. m. , just in time for her daddy to get home. She had discovered her hands and feet. She would put her foot in her mouth and drool all over the place because she was teething. She was always in a good mood smiling and making cooing sounds. Adrianna was now 14 pounds and 9 ounces. She had more than doubled her weight and her body was a ? inch longer. 5 to 8 Months During the 5 to 8 months she felt like she could do things without support. If I sat her down she would sit without falling over. When I put her on tummy for tummy time she would get up on her hands and knees and go back and forth. It was the cutest little movement I had ever seen. So by the time she was 6 months she was crawling. She would babble on and on dada dada. Her first word was dada. I really don’t understand how her first word could be dada, when I’m here with her more than dada, but oh well that’s just how it goes I guess. Everything that she picked up off of the floor went into her mouth. So one day as usual she saw something on the floor and picked it up and to her mouth it went. You read "A Summary of a Mothers’s Newborn Baby" in category "Essay examples" I stick my finger in there to fish whatever it was out and low and behold she clamped down and I felt it. There was a tooth at the bottom of her mouth. I found Adrianna’s first tooth on September 18, 2010. I was so excited. I called her father when he was at work to tell him the good news, then I called my mother. At 8 months Adrianna was pulling herself up and taking few steps holding on to the coffee table. Finally she said mama, but I don’t think that she knew what she was saying, but I was sure glad to hear it. She could also say baba and she knew what that meant because she would pick up her bottle and say baba. Another tooth had come in at the bottom and one was coming in at the top. She loved playing peek a boo with her daddy. When we played together our game was patty cake and she had good coordination because she would clap her hands and feet at the same time. We made a video for my in laws because they were in another state. They were amazed just like we were because her coordination was so great. 9 to 12 Months On December 9 Adrianna was now 9 months old and had tripled her weight since birth. She now weighed 18 ? pounds and she was 23 inches long. She would still pull herself up and walk around the coffee table holding on for dear life. When she was 10 months old she would stand alone and be very hesitant about taking her first step. When she would stand by herself she would clap her hands and I would say â€Å"Yay†! At 11 months she finally trusted herself and her surroundings and took her first steps. Unfortunately her daddy was at work so he missed this event. When he got home Adrianna walked 4 steps to him. My husband was so surprised and happy his little girl was now taking steps. On March 9, 2011 Adrianna turned a year old. My goodness it doesn’t seem like it has been a year already. It feels like yesterday I was bringing her home form the hospital. Adrianna was now walking with ease as if it came natural to her. She had a new perspective of her world. Learning how to walk had given her a new freedom. She was more active and exploring everything. Also she was feeding herself little finger foods from Gerber graduates and Cheerios. She absolutely loved drinking from her sippy cup. At first I thought she was going to reject the cup because she was so attached to her bottle, but she surprised me. She transitioned from the bottle to cup with no problems. We had her birthday party at the park in Bay Minette and the weather was wonderful. We sang Happy Birthday to her and put the cake in front so she could dig in. Oh my Lord what a mess! Adrianna got cake everywhere. She even had cake in her diaper. We let her have her way after all it was her day. I stood back taking pictures and watching her cute facial expressions. I started thinking about all of her milestones she had accomplished since birth and I just could not believe that my baby girl was 1year old already. 13 to 18 months During this time the things she already learned had improved a great deal. When she would feed herself she acted as if it was easier and she no longer had to concentrate on picking up the cheerios and putting them in her mouth. She really enjoyed being a big girl. Her vocabulary had increased tremendously. She now spoke eight to ten words and her favorite was hello. Everywhere we went she told everyone hello. She was my little social butterfly. She was not shy at all. I could tell that her personality was out going just by the way she interacted with people. I thought it was so cute watching her interact with other people. She just never met a stranger unless they were creepy looking and that scared me too. My favorite was when she would imitate me, my mother, or her daddy. I talked to my mother on a daily basis even though we live 10 minutes away from each other. Well mom and I would talk on the phone and I noticed that Adrianna would get out her play phone and talk to whomever and when I would laugh at my mom Adrianna would do the same. When she reached 18 months old she weighed 24 pounds and she could maneuver her body so she could climb out of her play pen. So I’m in the kitchen preparing dinner and I look up and I see Adrianna standing on her toy jack in the box. She then throws her leg over the rail, balancing herself perfectly. All of a sudden her little feet hit the floor and she was gone. Watching her perform that task totally blew my mind. She was right on schedule with normal toddler activity. She was stacking three blocks on top of each other and scribbling with a crayon. Instead of scribbling on paper Adrianna preferred the walls or table. I was so happy the crayons were not permanent and could be washed off with soapy water. Adrianna did not like wearing clothes, so instead of dressing herself she would undress. She loved taking her clothes off so keeping clothes on her was a chore. Every chance that I got I would video her doing her strip tease of the day. She was a normal toddler in every aspect and she was enjoying every minute of it. 19 to 24 Months I know now what my mother meant when she told me to cherish the days when Adrianna was a baby. I no longer had an infant anymore, she was my big girl. Her second birthday was approaching fast and I wanted to turn back the hands of time. Adrianna weighed 27 pounds and she carried her weight well. She was into everything so we toddler proofed the house. I always heard people talk about â€Å"The Terrible Twos† I know what they were talking about now and she wasn’t even two yet. She could jump in place with both feet and go up and down the stairs without assistance. I could not stand to watch her go up and down the stairs because it scared me so bad. All I could think about was her falling and hurting herself. I knew that I had to let her explore her physical world so she could enhance her developmental skills, but it was a very hard thing to do. She showed high interest in her surroundings. On the day of her second birthday we had her party at McDonalds with about six other toddlers her age. Oh my God talk about nerves wrecked. I think the staff at McDonalds was happy to see us leave. After that we went to the park with her playmate Chloe. Adrianna and Chloe were born 2 weeks apart so they always played together on play dates. As we played ball I noticed Adrianna could throw the ball further than Chloe, but Chloe could kick the ball really better than Adrianna. I guess all kids are different and some do things better than others. Well as time continued its rapid pace. Adrianna continued her rapid pace of exploring and learning. Now that she was two she could do a lot of tasks. So ow when I gave her crayons and paper she would scribble and be amazed at what she did. In her little mind I guess she thought it was a master piece of art. Every master piece she scribbled we would put it on the refrigerator or hang it in her room. She was much better at stacking blocks too. She could stack seven blocks without them falling over. She could even match shapes now. She could put the square block through the square hol e and vice versa with the circle and triangle. Wow she was really smart and in my eyes she was the smartest toddler ever. Adrianna’s language seemed to advance overnight. She woke up one morning and said â€Å"Mommy I want cereal† and I said â€Å"Oh you do†. She had made her first complete sentence with no babbling. She was actually making sense to me. I was one proud mama that day. Adrianna was such a joy to be around and I wanted her to be around children her age so she could learn social skills. So we decided to put her in in daycare part time. The first 2 weeks it was hard because she was not use to sharing, but she adjusted. She did surprisingly well with daycare and before I knew it she was ready to be potty trained. She came home from daycare and told me she wanted to be a big girl. So we got started using the potty and within a month she was potty trained. Yay! No more pull ups! It was just before her third birthday too. Today is March 6, 2013 and Adrianna birthday is in three days. She is so excited about her birthday because we are having a pizza party this time. My baby girl is a thriving toddler and she is healthy as a horse. I thank God for her every day, because she is truly a blessing. I look forward to the bright future she will have growing up and I pray that I live to see her all grown up and independent with a family of her own. How to cite A Summary of a Mothers’s Newborn Baby, Essay examples