To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;. 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 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 District 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.
The alternative to a government of enumerated powers is, of course, a government of unenumerated powers. The Constitution might have said "Congress shall have all powers not specifically prohibited elsewhere in this Constitution.
It would be silly to say, for example, the "power to establish post offices" did not include the power to print postage stamps or pay mail carriers.
But does it also include the power to advertise the joys of stamp collecting on television? How broadly or narrowly should the enumerated powers be read? Should the "Necessary and Proper Clause" be interpreted as authorizing actions rationally related to one of the listed powers, or only actions "necessary" to carrying out a listed power? Thomas Jefferson had serious doubts as to whether the Constitution gave him the power to acquire land from France through the Louisiana Purchase, but he went ahead with the deal anyway.
Was the Louisiana Purchase constitutional? Because the Committee of Detail did not keep any record of its deliberations, it is a matter of speculation why it made this change. See Carter v. Carter Coal Co. See Jack M. Balkin , Commerce , Mich. See Jack N. Although there is no record of the Committee's motivations, it is possible to trace the drafting history of the Necessary and Proper Clause based on Committee's papers.
The language in parentheses is crossed out in the original document. On August 6, , the Committee of Detail reported its draft Constitution to the Convention, which contained the Necessary and Proper Clause in its final form. There are only stylistic differences e. Compare id. There was no further substantial debate on the Clause during the Convention itself, although the three members of the Convention who declined to sign the Constitution—Randolph, George Mason, and Elbridge Gerry—all cited the breadth of the Necessary and Proper Clause among their objections to the document.
Following the signing of the Constitution on September 17, , 17 Footnote Id. During the ratification debates, opponents of the Constitution, such as Patrick Henry, strongly criticized the Necessary and Proper Clause. You can learn more about the 10th Amendment in Topic 6. In writing the Constitution, the framers gave Congress both defined and assumed powers. Reviewing the origins of the necessary and proper clause, Doug Linder of the University of Missouri-Kansas City School of Law explained that Alexander Hamilton and Thomas Jefferson had sharply opposing views about the clause and its uses.
Hamilton who favored a strong central government saw the elastic clause as a broad license to act whenever needed. Jefferson who wanted a smaller, more limited federal government, thought this power should be used only when absolutely necessary.
Still, Linder notes, it was Jefferson who authorized the Louisiana Purchase even though he was not sure he had the power to do so. Uses of the necessary and proper clause during the 20th Century are listed on its Wikipedia page , including the Federal Kidnapping Act of which made transporting a kidnapped person across state lines a federal crime under the Constitution's Commerce Clause.
In Printz v. United States , the Supreme Court ruled that requiring states to follow federal gun registration rules was not proper it because it infringed on the powers of states. In the case National Federation of Independent Business v. Sebelius , the Supreme Court said Congress could not use the necessary and proper clause to justify the individual mandate feature of the Affordable Care Act also known as Obamacare.
You can learn more about the enumerated and implied powers of government in Topic 6. Building D emocracy for All Cover Introduction for Edu cators Topic 1. Topic 2. The Development of t he United States Government Topic 3. Institutions of Unit ed States Government Topic 4. The Rights and Respo nsibilities of Citizens Topic 5. Topic 6. Topic 7. Mobile PDF Optimized for tablets 5. Scan the QR code to navigate to this chapter on your device.
The Government of Ancient Athens 1.
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