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Congress and its powers are laid out in Article I. It begins this way: “All legislative powers herein granted shall be vested in a Congress of the United States….” From this opening line, how much legislative power is held by the president and the Supreme Court?
In Article I, section 8 Congress is given power to provide for the common defense and the “general welfare.” What is “general welfare”?
Toward the end of Article I, Section 8 we read: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers,…” This is the much abused “necessary and proper” clause that supposedly holds within it a trunk full of implied powers just waiting for justices of the Supreme Court to pick through the treasures. Does this clause conceal powers not delegated but implied?
Under the Constitution as it was ratified in 1788, senators were chosen by the legislatures of the states. Why?