Question

Some people feel Congress has abused their authority with the "Necessary and Proper Clause". Others disagree. What do you think? There is no correct answer, but you must provide two examples (accurate and detailed) in your essay to support your position.

Answer 1

The 'Necessary and Proper Clause' has provided Congress with flexibility and led to potential abuses of power, such as the establishment of the IRS to collect taxes and the power to regulate monopolies.

Step-by-step explanation:

In my opinion, the 'Necessary and Proper Clause' has provided Congress with the flexibility to effectively carry out its duties and responsibilities, but it has also led to potential abuses of power.

One example of this is the establishment of the Internal Revenue Service (IRS) to collect income taxes. While the Sixteenth Amendment gave Congress the power to collect taxes, it did not provide specific instructions on how to do so. By utilizing the 'Necessary and Proper Clause', Congress was able to create the IRS as an agency to handle tax collection on behalf of the federal government.

Another example is the power to regulate monopolies and limit practices that restrict competition. The 'Necessary and Proper Clause' allows Congress to address issues that are not explicitly mentioned in the Constitution, but are necessary to uphold fair and competitive markets.