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The government is supposed to be run for the people and by the people. We fought against Britain, so that we were not ruled by a tyrannical government that is against the people. If the government was run for the minorities, this would become a tyrannical government. This may lead to the violation of majorities rights. Based on Brutus 1, “They will use the power, when they have acquired it, to the purposes of gratifying their own interest and ambition and it is scarcely possible, in a very large republic, to call them to account for their misconduct, or to prevent their abuse of power.” This talks about how to government will use their power to benefit their own interests, minorities.
The Necessary and Proper clause allows Congress to pass laws that benefit the minority, the elites. They will not pass laws that benefit everyone. The clause makes the public opinion pretty much useless. According to Brutus 1, “that the legislature of the United States are vested with the great and uncontroulable powers, of laying and collecting taxes, duties, imposts, and excises; of regulating trade, raising and supporting armies, organizing, arming, and disciplining the militia, instituting courts, and other general powers.” Most of these powers are against the public opinion and benefit the minorities, not everyone.
The United States should not be run by a large republic because people won’t always agree on the same position and this will create gridlock. Gridlock will lead to two sides constantly arguing about a topic and not progressing as a country. According to Brutus 1, “In a large republic, the public good is sacrificed to a thousand views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest of the public is easier perceived, better understood and more within the reach of every citizen.” This talks about how in a small republic, the citizens individual opinions matter, and there is less gridlock created.
The new taxing power is going to be bad for the states because the central government will be able to place/collect unfair taxes on whatever they please. This will lead to direct taxation in the states. “The only mean therefore left, for any state to support its government and discharge its debts, is by direct taxation; and the United States have also power to lay and collect taxes, in any way they please” (Brutus I). The state governments powers will be absorbed by the general government if they are allowed to tax whenever and whatever they want.
Standing Armies are a risk to our government because they could become tyrannical and go against the will of the people. Well-regulated militias would be for the people because it is a proper, natural, and safe defence of the states. The second amendment states, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. “A free republic will never keep a standing army to execute its laws. It must depend upon the support of its citizens. But when a government is to receive its support from the aid of the citizens, it must be so constructed as to have the confidence, respect, and affection of the people” (Brutus I). Militias are needed in a free republic to execute its laws.
The Necessary and Proper clause is very vague and unlawful because governments could use this clause to pass any law if they deemed it necessary/beneficial to the Nation. They would be also be allowed to take property according to the Necessary and Proper clause. The Fifth Amendment talks about how the government can not take away life, liberty, or property from citizens without due process of law. Private Property can not be taken for public use, without just composition.“A power to make all laws, which shall be necessary and proper, for carrying into execution, all powers vested by the constitution in the government of the United States, or any department or officer thereof, is a power very comprehensive and definite, and may, for ought I know, be exercised in a such manner as entirely to abolish the state legislatures.” (Brutus I) This talks about how the Necessary and Proper clause could lead to the central government abolishing state governments.
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