specific powers of the the federal government to oversee foreign policy‚ national defense‚ and interstate commerce while also stipulating that it could do all things “necessary and proper” to carry them out. The latter provision‚ known as the “Elastic Clause‚” would later form the basis of massive federal expansion into state and local affairs ("Article I - Legislative
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it potential for “absolute and uncontroulable power” Brutus notes Article I‚ Sec. 8‚ Cl. 18 implied powers –the “necessary and proper” clause supremacy clause of Article VI: federal laws and treaties are supreme notwithstanding state constitutions and laws Article I‚ Sec. 8 powers – considerable powers by themselves overwhelming when elastic clause is added power of individual states will diminish – “a clog upon wheels of government of the U.S.” – will be pushed aside liberty was
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The Constitution is a document that establishes America’s national government and grants rights to citizens. The first document that established a structure for the national government was the Articles of Confederation which granted no power to the federal government. This document was proven ineffective because not enough power was granted to the federal government. The Constitution took its place as the framework for the United States and has been in effect ever since. Regardless of personal opinions
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(Garraty) This loose interpretation was used in determining the meaning of the elastic clause placed in the constitution. The federalist believed that because it would take hundreds of years to write down everything the U.S. government could do‚ the elastic clause was created. This clause allowed for the creation and addition of all things "necessary and proper" as needed by the national government. The federalists used this clause in the case of the National Bank. The opposing side‚ the Anti-Federalists
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accomplishments‚ & weaknesses) THE VIRGINIA PLAN‚ THE NEW JERSEY PLAN‚ THE GREAT COMPROMISE‚ THE THREE-FIFTH COMPROMISE‚ MISSING ELEMENTS IN THE DELCARATION OF INDEPENDENCE 6. JUDICIAL REVIEW‚ SUPREMACY CLAUSE‚ ELASTIC CLAUSE/THE NECEASSARY AND PROPER CLAUSE‚ COMMERCE CLAUSE‚ ARGUMENTS FOR AND AGAINST FEDERALISM‚ (FEDERAL‚ UNITARY‚ CONFEDERAL SYSTEMS)‚ ENUMERATED/EXPRESSED POWERS‚ IMPLIED POWERS‚ INHERENT POWERS‚ CONCURRENT POWERS‚ POWERS DENIED THE NATIONAL GOVERNMENT‚ POWERS DENIED STATE
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power to the states the Anti-Federalist felt the power would remain with the people. The Powers of the national government were not well defined in the constitution. The Anti-Federalists opposed this‚ and they also took issue with the elastic and supremacy clause which they felt could give the national government the power to increase its own power. The Anti-Federalists wanted more defined powers of the national government in the Constitution. One of the greatest fears of the Anti-Federalists was
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second issue the Federalist and the D/R disagreed on was the powers of the National government vs the state government. This was listed under article 1 in the constitution. The Federalist believed in using a loose interpretation which was the elastic clause to build a strong government but on the other hand the D/R did not
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be a national bank established so that the federal government could control cash flow and regulate the debt situation. Hamilton’s ideas of national control did not stop there. He also believed that the President and Congress‚ by means of the "elastic clause"‚ should be able to extend their authority past what had been states in the Constitution. He also wanted the government to take control over civilians and expressed his thoughts by proposing the idea for tax on whisky in order to control the unruly
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and neither was willing to give up or alter their view. Alexander Hamilton‚ one of the most important people of the time‚ was the first Secretary of the Treasury. Utilising federal power to modernize the nation‚ he convinced Congress to use an elastic interpretation of the Constitution to pass laws that Jefferson deemed unconstitutional. These laws included federal assumption of the state debts‚ creation of a national bank‚ and a system of taxes through a tariff on imports and a tax on whiskey
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concerned the central government versus that of the states. Alexander Hamilton‚ one of the most important people of the time‚ was the first Secretary of the Treasury. Utilizing federal power to modernize the nation‚ he convinced Congress to use an elastic interpretation of the Constitution to pass laws that Jefferson deemed unconstitutional. These laws included federal assumption of the state debts‚ creation of a national bank‚ and a system of taxes through a tariff on imports and a tax on whiskey
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