Eleanor Finch
The United States Constitution, drafted in 1787, is a foundational document that has been amended and interpreted over time to advance various rights and liberties. The Constitution's influence can be traced to the Scottish Enlightenment and English political philosophers such as Locke and Montesquieu, who advocated for concepts like consent of the governed and separation of powers. The Necessary and Proper Clause, or the Elastic Clause, is considered one of the most important provisions, empowering Congress to pass laws necessary for executing federal powers. The impeachment provision holds national officers accountable, and the Supremacy Clause establishes federal law as superior to state law. Amendments have expanded voting rights, prohibited discrimination based on race and sex, and limited state power over citizens' privileges, liberties, and equal protection under the law. The US Constitution has been influential, but critics argue it guarantees fewer rights compared to other countries' constitutions.
| Characteristics | Values |
|---|---|
| Basic principle | Federalism |
| Federal preemption | Supremacy Clause |
| Congress's power | Commerce Clause |
| Impeachment provision | Trying impeached officials |
| Necessary and Proper Clause | Federal laws |
| Treaty-making | The Federalist No. 75 |
| State power | Privileges or immunities |
| Voting rights | Race, colour, or previous condition of servitude |
| Prohibition | Sex-based discrimination |
| Right to keep and bear arms | One of three constitutions in the world with this right |
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What You'll Learn
The Necessary and Proper Clause
> make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
The first practical example of the contention surrounding the Necessary and Proper Clause came in 1791, when Hamilton used the clause to defend the constitutionality of the new First Bank of the United States. Madison, concerned about potential exploitation of the South by Northern monied aristocrats, argued that Congress lacked the constitutional authority to charter a bank. Hamilton countered that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds. He claimed that the clause applied to activities reasonably related to constitutional powers, not just those absolutely necessary for carrying out said powers.
In the landmark case McCulloch v. Maryland (1819), the Supreme Court ruled that the Necessary and Proper Clause grants implied powers to Congress in addition to its enumerated powers. The Court held that Congress has the implied power to establish a bank, as a bank is a proper and suitable instrument to aid in Congress's enumerated power to tax and spend. This case reaffirmed Hamilton's view that legislation reasonably related to express powers is constitutional.
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The Treaty Clause
The legally binding nature of treaties under the US Constitution has been consistently recognised by the courts. As early as 1796, in the Ware v. Hylton case, the Supreme Court applied the Supremacy Clause, ruling that a treaty superseded conflicting state law. This established that both states and private citizens were bound to comply with the treaty obligations of the federal government, which was, in turn, bound to the "law of nations" in honouring treaties.
In summary, the Treaty Clause in the US Constitution empowers the President and the Senate in conducting foreign relations by providing a clear framework for negotiating and ratifying international agreements. It ensures that treaties are binding and recognised as part of federal law, while also allowing for flexibility through executive agreements. This clause has been a significant advancement in the US Constitution's approach to international relations and the division of powers between the national government and individual states.
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The Commerce Clause
In the 20th century, the Supreme Court increasingly heard cases related to Congress's power to regulate commerce, leading to a marked evolution in the interpretation of the interstate Commerce Clause. During the 1930s, the Court recognised broader grounds for utilising the Commerce Clause to regulate state activity. The NLRB v. Jones & Laughlin Steel Corp case in 1937 marked a shift towards a broader interpretation, with the Court holding that any activity with a “substantial economic effect" on interstate commerce fell under the scope of the Commerce Clause.
However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by adopting a more conservative interpretation. The Court held that Congress's power under the Commerce Clause was limited to regulating the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. Despite this, the Lopez case did not signal a full return to the pre-1937 era of Commerce Clause interpretation.
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The Supremacy Clause
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
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The Impeachment Provision
The impeachment process applies to the President, Vice President, and all civil officers of the United States. Federal judges and principal officers appointed by the President are also subject to impeachment. The grounds for impeachment are limited to "treason, bribery, or other high crimes and misdemeanors," though the Constitution does not define "high crimes and misdemeanors." This ambiguity has sparked debate and interpretation.
To initiate impeachment, the House of Representatives must approve articles of impeachment by a simple majority vote. The House serves as the prosecutor, presenting charges and evidence to the Senate. The Senate then acts as a High Court of Impeachment, hearing witnesses and voting to acquit or convict the accused official. A two-thirds majority is required in the Senate to convict and remove an official from office.
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Frequently asked questions
The Necessary and Proper Clause, also known as the Elastic Clause or the Sweeping Clause, is a provision in the US Constitution that gives Congress the authority to pass laws that are necessary and proper for carrying out its powers.
The Necessary and Proper Clause advances the Constitution by facilitating collective action by states in Congress and allowing Congress to solve collective-action problems when other federal powers are unavailable.
The Supremacy Clause, found in Article VI of the US Constitution, establishes federal law as superior to state law. This means that if there is a conflict between a federal law and a state law, the federal law will take precedence.
The impeachment provision in the US Constitution gives senators the responsibility for trying impeached national officers, including the president. This provision was included to help hold national officers accountable for their actions.
The Treaty Clause, defended by Alexander Hamilton as one of the "best digested and most unexceptionable parts" of the Constitution, outlines the process for making treaties and the role of the Senate in providing advice and consent during the treaty-making process.
