Original Author Alexander Hamilton
The Constitution’s, Necessary and Proper Clause and the Supremacy Clause?
Some people fear that the Constitution gives the national government unlimited power. This is not true. The Constitution gives the national government only the powers that are listed.
The Necessary and Proper Clause says Congress can make laws that help it carry out the powers the Constitution already gives it. For example: Congress has the power to collect taxes. It also needs rules and offices to collect those taxes. The Necessary and Proper Clause allows Congress to create those rules. It does not give Congress new powers. It only helps Congress use the powers it already has.
The Supremacy Clause says that when the national government is acting within its constitutional powers, federal law is the highest law of the land. This means: States must follow constitutional federal laws, and states cannot make laws that go against the U.S. Constitution. This helps keep the country united under one set of national laws.
These clauses help the government: Carry out its responsibilities. Keep laws consistent across the country and avoid confusion between state and national governments. Without these clauses, the national government might not be able to do the jobs the Constitution assigns to it.
These clauses do not give the national government unlimited authority because: The Constitution lists the government’s powers. The government cannot legally go beyond those powers. If it does, its actions are unconstitutional.
The Constitution still limits what the government can do. The national government has only certain powers and the states keep many of their own powers. It creates checks and balances to prevent abuse. It keeps the government strong enough to work while still protecting people’s freedom.
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