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RSS Foureels

Reward Points:6
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5 most recent arguments.
2 points

Yes, the federal government did use the necessary and proper clause to make a law outside of what is allowed in the enumerated powers. However, they did this in a very positive way. For example, with creating national bank, Congress allowed for the fair distribution of credit, security of deposits, price stability, mobilization of resources, and banking facilities for impoverished areas. Congress used the necessary and proper clause to benefit the United States, and this what they intend to continue doing. The system of checks and balances will ensure that this clause is not abused.

1 point

However much we admire brave Daniel Shays, people have to pay their taxes. And let's not forget, HE WAS REBELLING AGAINST STATE TAXES. The new central government will not be able to impose direct taxes, as stated in the enumerated powers, "No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

3 points

The federal government does not wish to impede on states” rights with the power granted to them in the necessary and proper clause. This clause is in place to allow the federal government to pass laws that the country needs as a whole, not just whatever Congress wants. The system of checks and balances will make sure that this power is not abused.

4 points

The standing army is not in place to suppress and/or harm the States. As can be seen in Article I Section 8 of the Constitution, states are still allowed to form and regulate their own militias, for their own, small scale protection. The standing army is to protect the country as a whole, not to go against itself.

5 points

The new federal government has the power to create any laws they consider to be “necessary and proper.” This is not to grant the federal government the power to take away States’ rights. The States have the 10th amendment, which dictates that the powers not explicitly given to the government in the enumerated powers are reserved to the States. These powers include taxing, borrowing money, regulating commerce, regulating currency, establishing post offices and roads, regulating copyrights and patents, creating courts, regulating maritime crimes, declaring war and establishing an army, and governing the District of Columbia. Any powers outside of these are reserved to the states, and the federal government cannot change that.

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