Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause, is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress. But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution. In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers.
Chat with our AI personalities
McCulloch v. Maryland effectively destroyed the concept of "State's rights". It also paved the way for the national or federal banking system. It made a huge directional sweep away from limited national government. Previous conservative judicial restraint gave way to the more radical judicial activism.
the government that takes care of things that need to be done state wise.
That they were, infact, meeting to create a new Government for the United States."Resolved,....that a national Government ought to be established consisting of a supreme Legislative, Executive and Judiciary."
the lack of a strong national government is the people behind the government helping the government pass all the test to become a national government on its own.
national and state