Vagueness of the Constitution

Cards (5)

  • Implied powers of the army
    Congress are given the powers to "provide for the common defence and general welfare of the United States" which could justify the draft or a national healthcare program
  • The Framers of the Constitution were deliberately vague to ensure the Constitution could adapt and change in order to suit the needs of a changing America
  • Powers of the Necessary and Proper Clause
    Congress has the powers to make all laws that are necessary and proper to require other departments of government to prosecute or adjudicate particular claims
  • Reserved Powers
    10th amendment (federalist clause) - all powers not expressly delegated to the federal government, such as trade and defence, are reserved to the states respectively or to the people - could mean the will of voters through election of congress or the president
    Not all residual powers necessarily lie in individual states
  • Supremacy Clause
    Establishes that the federal constitution and federal law generally take precedence over state laws and even state constitution