logo image

Interpretation of the Constitution

Chief Justice John Marshall emphasized that the constitution gave congress the power to make all `necessary and proper laws` needed to carry out its delegated powers. How did the necessary and proper clause apply to the case of Mcculloch v. Maryland? What was the impact of this clause on the scope of federal power? The clause in question applied in the case as the Constitution does not enumerate the power to create a National Bank among the powers granted to congress.

This being the case, the Court had to decide whether such a power is implied by the so-called “necessary and proper” clause in article 1 section 8 of the US Constitution. By finding that the creation of a Bank was a power implied by the commerce clause and various taxation powers granted to congress, Marshall and the court opened the door for congress to expand federal power a great deal. If the legislature could in any way connect a given piece of legislation to something that it is specifically empowered to do, then it has the ability, in using this precedent, to enact a much broader range of laws than was originally defined for it.

The interpretation of the “necessary and

Need essay sample on "Interpretation of the Constitution"? We will write a custom essay sample specifically for you for only $ 13.90/page

proper” clause, sometimes referred to as the “elastic clause (because it affords flexibility to the interpretation of the Constitution) was the beginning of a series of decisions that significantly broadened the scope of federal power by allowing congress to legislate in matters only tangentially related to its constitutionally enumerated powers. Also, by explicitly indicating that no state could pass a law that overruled the federal prerogative, the court further expanded federal power.

Can’t wait to take that assignment burden offyour shoulders?

Let us know what it is and we will show you how it can be done!
Sorry, but copying text is forbidden on this website. If you need this or any other sample, please register

Already on Businessays? Login here

No, thanks. I prefer suffering on my own
Sorry, but copying text is forbidden on this website. If you need this or any other sample register now and get a free access to all papers, carefully proofread and edited by our experts.
Sign in / Sign up
No, thanks. I prefer suffering on my own
Not quite the topic you need?
We would be happy to write it
Join and witness the magic
Service Open At All Times
Complete Buyer Protection
Plagiarism-Free Writing

Emily from Businessays

Hi there, would you like to get such a paper? How about receiving a customized one? Check it out https://goo.gl/chNgQy