In the text there is a discussion of the “Necessary and Proper” clause and the i
ID: 394477 • Letter: I
Question
In the text there is a discussion of the “Necessary and Proper” clause and the idea that Congress attaches conditions on the use of federal funds to achieve policy goals. Give some examples of this practice and opine as to the effectiveness of such a practice. What options does a state or local government have regarding the use of the funds? An additional practice that has developed over the years is for Congress to pass a general piece of legislation and then delegate the implementation and interpretation of the law to agencies in the Administrative branch of government. (For example, workplace safety laws). As a practical effect, the agency writes the details of the law as passed. What is your opinion of the practice considering the idea of the separation of powers idea embodied in the US Constitution?
Explanation / Answer
The ‘necessary and proper’ clause is also known as the elastic clause. This clause states that does not limit the powers of the Congress only to those powers that have been actually expressed in the Constitution. The clause states that Congress has implied powers to make laws that are necessary to ensure that the expressed powers of the Congress are carried out. In other words Congress has the power to do whatever is necessary and proper to do its job. Some examples of this practice are the sanction of the Adam Walsh Protection and Safety Act by the Congress. The law was passed by the Congress to ensure the safety of public, especially children and protect them from violent sex offenders.
State and local government depend on federal grant money to meet policy needs. This is the reason why states continue to accept federal grant money. With regards to a categorical formula grant the state or the local government must provide some of the funding. As per the principles of Fiscal Federalism state and local governments can expend federal funds on programs that are run in part by the state and local governments.
I strongly believe that separation of powers is a good thing for a country like USA. The U.S. Constitution provides for three separate branches of the government – the legislative branch, the executive and the judicial branch. The legislative branch (or the Congress) makes the law, the executive branch executes the law and the judicial branch interprets the law. This system is a robust system as it enables each branch of the government to have its own set of powers and limitations. Secondly the separation of powers acts as a system of checks and balances and hence ensures that no branch of the government exceeds its bounds. This eventually leads to better balancing of authorities.