Commerce Clause and the Powers Essay

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S. Congress is superior as it has an increased ability to control certain aspects of commercial operations (University of Missouri-Kansas City School of Law).

Implied Powers, the Necessary and Proper Clause

The United States Constitution is at times ambiguous and leaves room for interpretation. This is the stage at which the implied powers of the Congress come into discussion and probably the most relevant example in this sense is given by the Commerce Clause, which, as shown in the previous section, implies the reduced ability of trade partner states to regulate the operations with the United States. The right to implied powers and the necessary and proper clause is written under the eighteenth paragraph of the eight section in the first article and states that the Congress has the right 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 in the government of the United States, or in any department or officer thereof" (Cornell University Law School). In this light of events, it becomes obvious that the United States Congress has the ability to implement the decisions it considers necessary within a given context.

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They will not make use of this right only in critical circumstances, but also when they feel that a new direction or a new action is likely to benefit the current endeavor. "The phrase is not limited to such measures as are absolutely necessary, but includes all appropriate means that are conducive to the end to be accomplished, and which in the judgment of Congress, will most advantageously effect it" (Answers, 2009).

Conclusions

The United States Congress operates in accordance with the rights granted to it within the U.S. Constitution. The powers of the political institution are organized within the first article, section eight and, amongst others, include the Congress' right to rule the trade operations, make legislation, issue coin and set the currency exchange rates. Despite the fact that the Constitution is generally a clear document, it has some areas which leave room for interpretation, in the meaning that the decision to be made at a certain time is entirely up to the Congress -- this constitutes for grey areas......

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