Essay On Enumerated Powers

The meaning behind expressed powers in that powers that the Constitution doesn’t specifically mention in its text, are not granted to the national government. Implied powers are derived from the necessary and proper clause which means that congress has the power to create laws necessary for carrying out expressed powers. For example, it that because congress has the power to collect taxes, it also has the power to set up a national bank. (federal reserve) The Constitution does not specifically say that congress has the power to create a national bank, but it implies it, because an argument can be made that a national bank is necessary for the national government to collect taxes.

Under the Articles, Congress had power to regulate foreign affairs, war, and the postal service and to appoint military officers, control Indian affairs, borrow money, determine the value of coin,

Current Event: Conscription is not an enumerated power for the legislative branch in the Constitution, but in the Vietnam War, it was justified through the elastic clause as Congress declared it necessary and proper to execute the enumerated powers. 13. 3/5ths Compromise: Definition: For representation in the House of Representatives, since slaves were considered property by slave states, but those same states wanted more representation in Congress, a compromise was reached where each slave would be counted as 3/5 of a

Reserved powers (conducting elections, setting up schools) 9.What did the small states strongly support during the Constitutional convention of 1787? One house Congress based on “equal representation” 10.How did the Great Compromise appease to both large and small states? Created two-house legislature based on different representation 11.A federal income tax system is based on a progressive tax. What is that kind of tax based on?

The Constitution designated certain powers to the federal government, such as the ability to levy and collect taxes from individuals and the power to raise an army. Under the new rule of the

“The accumulation of all powers..in the same hands, whether of one or many (is) the very definition of tyranny.” (James Madison, Federalist Paper #47, 1788) ( Background Essay) This quote explains the reasoning for one of the framers, (B) Separation of Powers. The framers of the constitution were created to prevent tyranny and create a stronger government that would hold the nation together. Tyranny ultimately means harsh, absolute power in the hands of one individual-- like a king or dictator. The constitution guarded against tyranny in 4 ways: (A)Federalism, (B)Separation of Powers, (C)Checks & Balances, and (D)Small State-Large State.

The first three articles in the constitution talk about how powers are divided. The legislatives(congress) which is

In Article 6 it mentioned about powers denied to states. Some of the powers that were denied to the states that dealt with foreign affairs affected citizens and their view on Congress. For example, in the 1780s, frontiersmen talked to British and Spanish officials seeking protection from the Indians because Congress had failed to do

Towards the end of the Revolutionary War, the founding fathers decided that that the colonies would need some form of government that would unify them. At the same time, they decided that they wanted to avoid creating a monarchial type of government from which they had just split. The period just after the Revolutionary War was a critical time for the fledging country and it was important that the government formed would not only unify the colonies and protect them, not only from foreign countries, but also from destroying themselves internally.

If not for the clause, anything that is not stated in the constitution, such as the examples listed before, would fall under Reserved Powers to the states and the government would not be able to take the necessary steps to accomplish their list of powers. Thus, the elasticity of the clause is ever changing and what is “necessary and proper” now may not hold true in the

A few years later in 1815, a clause was added to the constitution denying the purchase of new states without the approval of Congress. " No new state shall be admitted into the Union by Congress, in virtue of the power granted by the constitution, without the concurrence of two thirds of both houses... "(Document 5). This clause needed to be added so that in future situations when the chance to buy territory from other countries emerged, there was no way that the transaction could occur without going through Congress first. It is explicitly stated that a new state shall not be admitted into the union without Congressional approval and, therefore, does not allow for the future of Federalists and others who would advocate for implied powers to assume the authority to acquire new land.

These authorities that the national government should have, were all up to the states to decide under the Articles. With the taking away some of the states rights in the Constitution, Anti-federalists feared that this would leave the states too weak, resulting in more problems. Under the new Constitution, many powers that were now in the government 's hands are: the power to levy and collect taxes, the power to regulate interstate commerce, the government set up a national court system consisting of district, circuit, and a supreme court, the government could enforce laws, there was now a house based on population, and a senate based on equal representation (two votes per state), to amend the Constitution, a ⅔ vote of Congress was needed, and a ¾ vote of the states were needed, and a majority rule was needed to pass bills. These new powers and abilities of the national government helped to create a strong, new

“The accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny. ”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size.

The constitution attempts to evenly distribute powers between the executive and legislative branches of the federal government by providing the president or the commander-in-chief the power to control and supervise the military upon approval by congress, who have the power to declare war and to support the armed forces. The subject of debate regarding the act is whether the president has the authority to send military troops to war without congressional approval. The way the war powers act was written makes it difficult to decipher approximately how much power is the president privileged in the war-making process. According to the constitution congress have the powers to authorize war by formally granting letters that verify and confirm the

The first article of the Constitution says "ALL legislative powers...shall be vested in a Congress." The second article then reads "the executive power...in a President." The third article gives the "judicial power of the United States in one Supreme Court" and "in such inferior Courts as the Congress...may establish."