The Necessary And Proper Clause
The United States is a government of numerous powers. Congress, as well as the other two branches, are only to exercise the powers given to them in the Constitution. The most important listing of congressional powers appears in Article I, Section 8. This article identifies in seventeen paragraphs many important powers of Congress. The last paragraph in the article grants Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers", this is known as the Necessary and Proper Clause. The Necessary and Proper Clause grants Congress the authority to create and enforce laws that are deemed “necessary and proper”. The draft of this clause provoked plenty controversy during the discussions
of the Constitution. While Anti-Federalists were concerned that the clause would grant the federal government boundless power, Federalists argued that the clause would only permit execution of power already granted by the Constitution. The Necessary and Proper Clause was also the subject of a heated debate between important figures, Alexander Hamilton (who argued that the clause should be read broadly to authorize the exercise of many implied powers), and Thomas Jefferson (who argued that "necessary" really meant necessary). Hamilton’s interpretation implies a strong central government, whereas Jefferson’s interpretation strengthens states’ right. The Necessary and Proper Clause became a very important article as the government had to be organized and established, and this clause granted it the power to do so. This clause is important today as well because it describes how the government can justify their authority under the Constitution. The clause has been interpreted differently over the years. The famous case of McCulloch vs Maryland considered whether the clause gave Congress the power to create a national bank and, if so, whether the state of Maryland could tax it. For nine days the case was debated but Chief Justice John Marshall, writing for the Court, found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland's taxation of the bank violated the Supremacy Clause.
of the Constitution. While Anti-Federalists were concerned that the clause would grant the federal government boundless power, Federalists argued that the clause would only permit execution of power already granted by the Constitution. The Necessary and Proper Clause was also the subject of a heated debate between important figures, Alexander Hamilton (who argued that the clause should be read broadly to authorize the exercise of many implied powers), and Thomas Jefferson (who argued that "necessary" really meant necessary). Hamilton’s interpretation implies a strong central government, whereas Jefferson’s interpretation strengthens states’ right. The Necessary and Proper Clause became a very important article as the government had to be organized and established, and this clause granted it the power to do so. This clause is important today as well because it describes how the government can justify their authority under the Constitution. The clause has been interpreted differently over the years. The famous case of McCulloch vs Maryland considered whether the clause gave Congress the power to create a national bank and, if so, whether the state of Maryland could tax it. For nine days the case was debated but Chief Justice John Marshall, writing for the Court, found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland's taxation of the bank violated the Supremacy Clause.