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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... 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 ...
Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the country. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers.
The constitutional law of the United States is the body of law governing the interpretation and implementation of the United States Constitution.The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals.
The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".
Statutory retroactivity has usually been disfavored and is in many instances forbidden by the Ex Post Facto Clause of the Constitution. [19] Therefore: Absent a clear statement from Congress that an amendment [to a statute] should apply retroactively, we presume that it applies only prospectively to future conduct, at least to the extent that ...
As free states sought to undermine the federal law, the even more severe Fugitive Slave Act of 1850 was enacted. In 1864, during the Civil War, an effort to repeal this clause of the Constitution failed. The vote in the House was 69 for repeal and 38 against, which was short of the two-to-one vote required to amend the Constitution. [5]
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [1]