Essay Question 2. The \”Necessary and Proper\” or \”Elastic\” Clause

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Describe two of the following provisions of the Constitution and explain how each has been used over time to expand federal power. . The power to tax and spend . the \”necessary and proper\” or \”elastic\” clause ·The commerce clause
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. the \”necessary and proper\” or \”elastic\” clause ·The commerce clause
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Explain how one of the following has increased the power of the federal government relative to the power of state governments. *Americans with Disabilities Act * Civil Rights Act of 1964 * Clean Air Act
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*Americans with Disabilities Act * Civil Rights Act of 1964 * Clean Air Act
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the \”necessary and proper\” or \”elastic\” clause
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This has been used for all types of federal actions including requiring integration in the states. It allows the Government of the United States to \”make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution. essentially says that the government can do what it needs to do to get done what needs to be done. It is also sometimes called the \”elastic clause.\” It grants Congress the powers that are implied in the Constitution, but that are not explicitly stated This clause is an enlargement, not a constriction, of the powers expressly granted to Congress. The clause has been paired with the Commerce Clause to provide the constitutional basis for a wide variety of federal laws, including criminal laws, which were not considered implied powers of a power to regulate by Anti- federalists
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The commerce clause
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Article I, Section 8, Clause 1 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. The national government regulates interstate commerce, and the states regulate intrastate commerce The use of the Commerce Clause by Congress to justify its legislative power has been the subject of long, intense political controversy. Interpretation of the sixteen words of the Commerce Clause has helped define the balance of power between the federal government and the states. As such, it has a direct impact on the lives of US citizens. The Commerce Clause is a grant of power to Congress, not an express limitation on the power of the states to regulate the economy. First, it has been suggested that the Clause gives Congress the exclusive power to regulate commerce Second, it has been suggested that the Clause gives Congress and the states concurrent power to regulate commerce Third, it has been suggested that the Clause assumes that Congress and the states each have their own mutually exclusive zones of regulatory power
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The power to tax and spend
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Section 8. Clause 1. The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. taxing to regulate commerce taxing to discourage, suppress, or even exterminate commerce taxing as a means of protectionism
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*Americans with Disabilities Act
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Many people think that one of the major flaws or weaknesses of the Americans with Disabilities Act is that it puts almost the entire burden of enforcement on individual persons with disabilities. Prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, c
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* Civil Rights Act of 1964
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The Civil Rights Act was written to help African Americans. It got rid of segregation in public schools. It started the Equal Employment Opportunity Commission. Bill was introduced by JFK.
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* Clean Air Act
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The Clean Air Act is the main force behind the control of air pollution in the United States. The Act was originally passed in 1963, but large and important amendments were added in both 1970 and 1990. The Act enforces a comprehensive program for reducing air pollution. As passed by the U.S. Congress in 1963, the Clean Air Act was a moderate bill that offered federal research aid, urged the development of state control agencies, and involved the federal government in inter-state pollution issues. In 1965, an amendment was added to the bill requiring the U.S. Department of Health, Education and Services to create and enforce auto emission standards. This marked the federal government’s first active role in clean air policy, though it was the Clean Air Act of 1970 that, for the first time, put real power in the hands of the federal government instead of the states. This 1970 law remains the basis forMandatory Fuel Standard Corperate Average Fuel Economy(CAFE) Standards for cars

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