Study with Quizlet and memorize flashcards containing terms like The Supreme Court decision denied citizenship to slaves; the Fourteenth Amendment overturned the decision. The necessary and proper clause (or the elastic clause) provides the national government with justification for its Implied powers Which clause stipulates that the Constitution and national laws are the supreme law of the land, thus resulting in national law superseding state law. States can regulate parts of interstate business if local interests require it. 2 Historical Background on Necessary and Proper Clause notes 28 and accompanying text (discussing alternative formulations of federal power considered at the Constitutional Convention). Study with Quizlet and memorize flashcards containing terms like 3. Question Question 3. Maryland, the Supreme Court provided a broad interpretation of the Clause, giving Congress the authority to pass laws that it deemed appropriate so long as they are consistent with the letter and spirit of the Constitution. powers granted to Congress by the necessary and proper clause c. Study with Quizlet and memorize flashcards containing terms like Enumerated Powers, Implied Powers, Reserved Powers and more. He was prosecuted and convicted. A plan for divvying up the powers granted to Congress among the states, The Necessary and Proper Clause stated that the a. Powers reserved to the states. In 1818, the state of Maryland passed legislation to impose taxes on the bank. Establishment Clause. It states that Congress has the power to do things that may not be stated in the Constitution as long as those actions are related to an enumerated power. Writ of Habeus Corpus. Find step-by-step Sociology solutions and your answer to the following textbook question Expressed powers are those that are A) Specifically granted in the Constitution. Explain what guarantees the Fifteenth Amendment provided, why Republicans supported it, its impact on African Americans, and why the Amendment was difficult to enforce. Study with Quizlet and memorize flashcards containing terms like This gives Congress a lot of wiggle room to do its job; it says that Congress can do whatever it thinks is needed and appropriate to do the jobs the Founders gave it, Where is the Necessary & Proper clause found in the Constitution, This Supreme Court case ruled that the government had a really wide window of possible actions. Study with Quizlet and memorize flashcards containing terms like Explain the differences among the expressed powers, implied powers, and inherent powers of Congress. If, while the Congress is in session, the President does not sign a bill or veto it within 10 days after its passage, then it automatically becomes law. Study with Quizlet and memorize flashcards containing terms like Why did the Framers include the Necessary and Proper Clause in the Constitution, What is the basis of the Necessary and Proper Clause, The Necessary and Proper clause is also called and more. , 1965) (arguing that it is utterly impossible to fully define Congresss powers under the Necessary and Proper Clause, which would give Congress power to pass any law which they may think proper); The Antifederalist No. gives Congress the power to do whatever is necessary and proper to carry out its other powers. necessary and proper clause Article I, Section 8, of the Constitution, which enumerates the powers of Congress and provides Congress with the authority to make all laws "necessary and proper" to carry them out; also referred to as the elastic clause. Necessary and proper clause grants congress power to make laws that are needed. held by both the federal government and the states. E) all these answers are correct. New Federalism. The states must pass laws that are necessary and proper for public safety. supremacy clause. Synopsis of Rule of Law. Established the Supreme Court&x27;s power to judge constitutional issues. the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers. Study with Quizlet and memorize flashcards containing terms like Which clause is the source of implied powers under the U. Article 1, Section 8, of the Constitution, which enumerates the powers of Congress and provides Congress with the authority to make all laws "necessary and proper. CLAUSE 18. The full faith and credit clause and the privileges and immunities clause. us government. Necessary and Proper Clause Allows Congress "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" How does a bill become a law. us government. The Necessary and Proper Clause 1 concludes Article I&x27;s list of Congress&x27;s enumerated powers with a general statement that Congress&x27;s powers include not only those expressly listed, but also the authority to use all means necessary and proper for executing those express powers. Study with Quizlet and memorize flashcards containing terms like People opposed to the ratification of the Constitution, What were Anti-Federalists concerned with, What is the "necessary and proper" clause in Article I, Section 8 of the Constitution and more. a statement in the constitution, Clause in Article I, Section 8 of the Constitution that gives Congress the right to make all laws "necessary and proper" to carry out its expressed powers. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government. To allow Congress to establish to establish a federal bank, arguing that even though their power to create a bank was not listed in the Constitution, such a power is needed to run a nation. Congress has the power to regulate most interstate business under the commerce clause. Study with Quizlet and memorize flashcards containing terms like The power of eminent domain refers to the right of, Powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution are called, The system of supportive relations among national, state, and local governments since the 1930s is often referred to as and more. All of these answers are correct. Constitution is often interpreted by the federal government elastic, meaning it can be expanded as needed When Alabama's governor refused to end the policy of segregation in public universities, he invoked which common argument for separation of powers under. The last clause (18) of Section 8 gives Congress power to do whatever is "necessary and proper" to carry out its other powers. Fresh features from the 1 AI-enhanced learning platform. Congress should have the power to make all laws which should be necessary and proper for the execution of all powers listed in the Constitution. Study with Quizlet and memorize flashcards containing terms like The necessary and proper clause of the constitution was first used by the Supreme Court in what case to develop the concept of implied powers, During the era of New Federalism, the federal government sent power back to the states through a process known as, Outcomes of the civil war included and more. Click the card to flip . Board (1954), Citizens United vs. ruled that congress had implied powers under the necessary and proper clause of the Constitution to create the Second Bank of the U. doctrine of stare decisis, Federalism is best defined as a system of government a. S Constitution. Study with Quizlet and memorize flashcards containing terms like How does the Constitution promote the idea that the states are part of a larger nation and not independent entities, Which of the following would violate the privileges and immunities clause, Identify which of the following parts of the Constitution support a nationally-centered perspective on government and which parts support. Study with Quizlet and memorize flashcards containing terms like All of the following powers can be exercised only by the Senate except A. The necessary and proper clause implies that Congress has powers beyond those in the first 17 clauses. Marshall cited the necessary and proper clause, which authorizes Congress to make all laws necessary and proper to execute its express powers. expressed powers B. Study with Quizlet and memorize flashcards containing terms like The first ten amendments of the U. Maryland, 1819 and more. Study with Quizlet and memorize flashcards containing terms like federalism, unitary system, expressed powers and more. Madison believed that only people -- not states -- should have the vote. Study with Quizlet and memorize flashcards containing terms like Why is the necessary and proper clause a source of ongoing debate, After a bill has been introduced, what happens next, What statement about the necessary and proper clause is accurate and more. Top creator on Quizlet. I, 8, or by other parts of the Constitution. Study with Quizlet and memorize flashcards containing terms like What documents serves as the highest law in the United States, What is another name for the "necessary and proper" clause, What is the name given to the first ten amendments of the Constitution and more. The Elastic Clause specifically states that Congress shall have the authority. Study with Quizlet and memorize flashcards containing terms like necessary and proper clause, strict constructionists, liberal constructionists and more. Study with Quizlet and memorize flashcards containing terms like Why did the Framers include the Necessary and Proper Clause in the Constitution, What is the basis of the Necessary and Proper Clause, The Necessary and Proper clause is also called and more. It states that Congress has the power to do things that may not be stated in the Constitution as long as those actions are. Those powers reasonably suggested by the Constitution. equal protection clause, The amendment says that those powers not given to the federal government and not prohibited to the states by the Constitution are reserved for the states and the people. Elastic Clause B. was eliminated as a consequence of the Twenty. ) the supremacy clause. The "rights revolution" and Great Society programs were made possible by the doctrine of new federalism. Using block grants to return power to the states was part of during the Nixon (1969-1974) and Reagan (1981-1989) administrations. McCulloch v. establishing security for schools b. To accuse government officials of misconduct in office. C) Considered the basis for the necessary and proper clause. Start learning. 1 42. Regarding the issue of representation, James Madison thought. If a federal law that overturns state legislation is proclaimed to be constitutional under the necessary and proper clause, there is little the states can do to object to the decision of the central government and its institutions. 2) Rejects compact federalism. C) Considered the basis for the necessary and proper clause. Implied powers five the Federal Government the authority to do anything on behalf of the general welfare and public interest. The Necessary and Proper Clause in Article 1, Section 8 of the Constitution gives Congress --- powers. Necessary and Proper Clause location. collect taxes. necessary and proper clause. Study with Quizlet and memorize flashcards containing terms like The Necessary and Proper Clause is often called the Elastic Clause because it caused the powers of Congress to snap. Supremacy Clause location. 4) Necessary and proper clause (any legal means to get to a constitutional end are legitimate acts through the N&P clause) Power to tax renders the power to destroy. Supremacy Clause. (B) The Police Power. ), Correct Answer(s) Federal grants-in-aid became a powerful tool to redirect state governments&39; policy. The Supremacy clause extends to laws that Congress makes under the necessary proper clause. Gov ch 11 sec 3 implied powers. and more. The necessary and proper clause gives Congress the power to pass laws that are related to the a. inferior compared to powers directly given by Congress. 27 terms. Try the fastest way to create flashcards. A) It is the only form of government that promotes Democracy. d) States were granted additional power that was once reserved for the federal. About us. The president may do whatever is necessary and proper to exercise executive powers. 3) Civil system has already done so. The Necessary and Proper Clause, also known as the Elastic Clause, is found in Article I, Section 8 of the US Constitution and gives Congress the authority to make laws that are "necessary and proper" for carrying out its enumerated powers. Terms in this set (19) Elastic Clause. The Necessary and Proper Clause holds that. The Necessary and Proper Clause allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the Powers. with foreign nations but not. to define the scope of the inherent powers of Congress. 11-3,4 AP Gov. Study with Quizlet and memorize flashcards containing terms like federalism, expressed powers, implied powers and more. a. Reserved powers clause b. developing interstate transportation systems d. Article I Section 8 Powers of Congress The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;. Study with Quizlet and memorize flashcards containing terms like "Necessary and proper clause", Why do you think the. Which provision of the 1836 Constitution was the most important adaptation of Spanish- American Law for the Texas Republic. The Supremacy Clause says the constitution and the laws of the U. 54 terms. federal system. A) a list of proper procedures to follow when enacting laws B) powers that are not listed in the Constitution but are needed to exercise the listed powers C) term limits so that the same people are not voted back to Congress time and time again D) powers to take emergency measures when states are. Study with Quizlet and memorize flashcards containing terms like Commerce Clause Article I (section 8, clause 3), Title of Nobility Clause Article I (section 9, clause 8), Compact Clause Article I (section 10, clause 3) and more. a system of government in which the national government holds most of the power. to set forth those powers considered necessary to the States. An inherent power is a power that belongs to the government because the government is a sovereign state. the Congressional powers clause, Describe the differences between loose constructionists and strict constructionists. The necessary and proper clause has been interpreted to mean that Congress can make "all laws which shall be necessary and proper" to achieve its enumerated powers. refrain from making agreements that do not include all fifty states. It states that Congress has the power to do things that may not be stated in the Constitution as long as those actions are related to an enumerated power. an unfunded mandate. APUSH Vocab. is located in the Constitution in the text of the Tenth Amendment b. Study with Quizlet and memorize flashcards containing terms like Brown vs. us government. Study with Quizlet and memorize flashcards containing terms like The necessary and proper clause (Article I, Section 8) of the U. Commander-in-Chief Clause. d) by three-fourths of the state legislatures. Exam 1. About us. to empower Congress to pass laws needed to carry out the expressed powers b. Maryland-necessary and proper clause in federalism) Inherent. , Give three examples of the laws that Congress can enact under the constitution and three examples of laws that. Study with Quizlet and memorize flashcards containing terms like What is the Necessary and Proper Clause otherwise known as the Elastic Clause, How is the Necessary and Proper Clause Elastic Clause used in the McCulloch v. necessary and proper The source of an implied power under the Constitution is the clause. "), Which of the following presidential appointments hole the potential for having the longest lasting influence of any president, Which of the following statements provides. 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 of the United States, or in any Department or Officer thereof. 1) General Welfare Clause - limitation on tax and spending power of Congress. Study with Quizlet and memorize flashcards containing terms like What statement about the Necessary and Proper Clause is accurate, Which is an example of an expressed power Congress holds, Most of Article I, Section 8 of the Constitution describes what kind of congressional powers and more. to define the scope of the inherent powers of Congress d. Name that Clause. , The doctrine aimed at dividing the governing powers between the federal governments and the states is a. Which option correctly completes the sentence Elastic. The Necessary and Proper clause of the U. Study with Quizlet and memorize flashcards containing terms like number of governments in the US, federal system, confederation and more. The meaning of NECESSARY AND PROPER CLAUSE is the clause in Article I, Section 8 of the U. Marshall says that necessary and proper clause allows them to make national bank and taxation of that bank is unconstitutional. Study with Quizlet and memorize flashcards containing terms like which of the following were among the shortcomings of the articles of confederation, which of the following were not among the shortcomings of the articles of confederation, true or false the necessary and proper clause allows the national government to assume new powers not mentioned in the constitution and more. C) Considered the basis for the necessary and proper clause. Study with Quizlet and memorize flashcards containing terms like Explain the differences among the expressed powers, implied powers, and inherent powers of Congress. necessary and proper clause The final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause. b-The amount of power the national government has exercised has grown over the last 200 years as a result of the "necessary and proper clause. the necessary and proper clause D. The privileges and immunities clause and the federalism clause. 1 42. Study with Quizlet and memorize flashcards containing terms like The necessary and proper clause elastic clause, translation of necessary and proper cause elastic clause, elastic cause tie to McCulloch v. Constitution, In response to Anti-Federalist arguments, the Federalist pointed out that under the U. Click the card to flip . the Supremacy Clause c. Study with Quizlet and memorize flashcards containing terms like Enumerated Powers, Implied Powers, Reserved Powers and more. Study with Quizlet and memorize flashcards containing terms like The power of eminent domain refers to the right of, Powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution are called, The system of supportive relations among national, state, and local governments since the 1930s is often referred to as and more. congress has the power to do what is appropriate. defined the scope of state powers under the Tenth Amendment, Through the grants of power in the Constitution, the Framers sought to a. Government Midterm 2023. The legislature has broad powers with few limits; the necessary and proper clause invalidates any limits and may result in destroying the state governments. McCulloch v. Study with Quizlet and memorize flashcards containing terms like Necessary and Proper Clause, What is the purpose of the Necessary and Proper Clause in the Constitution, How has the doctrine of implied powers increased the power of Congress and more. The very existence of state and local governments is dependent on the whim of the nation government under a unitary system. This clause was the source of Hamilton&39;s implied. Under the Necessary and Proper Clause, Congress has the authority to enact a law that allows civil commitment of mentally ill. Study with Quizlet and memorize flashcards containing terms like Have the Necessary and Proper clauses proven as dangerous as the Anti-Federalists feared, Articulate both the. Congress may enact legislation "necessary and proper" to implement treaty terms. Study with Quizlet and memorize flashcards containing terms like commerce clause, concurrent powers, Confederal system and more. The implied powers are those powers created by the Necessary and Proper Clause. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. and more. Incorrect Answer(s) President Roosevelt. Article 6 clause 2. Verified answer. supremacy clause b. Which of the following enumerated powers was most relevant in the McCulloch v. 1 18. Constitution (Interstate Commerce Clause) Article 1, Section 8, Clause 18 of the U. Necessary and Proper Clause. the Supremacy Clause c. Congressional powers listed in the Constitution are powers. necessary and proper clause is in the last clause of Section 8. The last clause (18) of Section 8 gives Congress power to do whatever is "necessary and proper" to carry out its enumerated powers. Article 1, Section 8, Clause 3. why is the necessary and proper clause a source of ongoing debate The clause deals with. The , as part of the Constitution under Article VI, Paragraph 2, establishes that the Federal Constitution and. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the. The necessary and proper clause . , The founders created the as an intermediate body to elect the president. "It grants Congress the powers that are implied in the Constitution, but. This conception, sometimes termed "dual federalism," no longer comports with reality. Try the fastest way to create flashcards hello quizlet. Constitution is the source of which of the following powers delegated reserved expressed implied, In what way did the comity clause seek to promote national unity It limited the strength of the supremacy clause by. OTHER QUIZLET SETS. Meaning of Proper. The Congress shall have Power. to set forth those powers considered necessary to the States. "Necessary" means convenient, useful, or essential. The "necessary and proper" clause and the "supreme law of the land" clause make the central government an uncontrollable power over the topics that the Constitution covers. Study with Quizlet and memorize flashcards containing terms like which can Congress do under the expressed powers granted by the Constitution, The federal government often spends more money that it takes in each year it then borrows money to make up the difference what is this called, according to the constitution how can the United States declare war and more. necessary and proper clause The final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause. Article I, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers-elastic clause. exiwall tweak deb, abc4 news salt lake
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Elastic Clause. necessary and proper clause. Necessary and proper clause. Overview of Necessary and Proper Clause. 2566 (2012) Brief Fact Summary. provides lawmakers with the single most expansive grant of power in the Constitution so lawmakers have authority over many different spheres of public policy. 1949 (2010), Justice Breyer relied on the Necessary and Proper Clause to uphold a civil commitment statute for sexual offenders. What clause(s) expanded the power of the Executive branch, especially relating to Foreign Policy Appointments and Advice and Consent Clauses Which historic court case determined that the necessary and proper clause gave congress the implied power to enact legislation necessary to carry out the powers granted to them. through the expressed powers, or clearly stated, powers, b. The N & P Clause implies the existence of some powers via other enumerated powers. The necessary and proper clause (or the elastic clause) provides the national government with justification for its Implied powers Which clause stipulates that the Constitution and national laws are the supreme law of the land, thus. The necessary and proper clause implies that Congress has powers beyond those in the first 17 clauses. The necessary and proper clause has been interpreted to mean that Congress can make "all laws which shall be necessary and proper" to achieve its enumerated powers. find not guilty of a charge (as in a court of law) Perjury. the president d. considered the basis for the "necessary and proper" clause. AKA Implied Powers or "Necessary & Proper" Clause. Study with Quizlet and memorize flashcards containing terms like Albany Plan of Union, Amendment, Anti-Federalist and more. The expressed (clearly listed) powers of Congress that are itemized and numbered 1-18 in Article I, Section 8 of the Constitution. necessary and proper clause The final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause. decided in 1819. doctrine of stare decisis, Federalism is best defined as a system of government a. Maryland (1819), Dartmouth College v. Writ of Habeus Corpus. Federalist Clause, According to the Supreme Court, what made the 2010 Affordable Care act constitutional a. 2) Does the state of Maryland have the power to tax the bank. Terms in this set (12) Necessary and Proper Clause. 26 terms. To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers . coining money, taxing) Implied. T or F, McCulloch v. allows the president to reject only part of a bill. , From what sources does the federal government borrow money, Explain Paul&x27;s teachings about government in Romans 13 and more. in the Office of the President D. Study with Quizlet and memorize flashcards containing terms like The first ten amendments of the U. decided in 1819. and more. b) The Necessary and Proper clause gives the federal government essentially unlimited powers. states that the authorities must have a necessary and proper reason for search and seizure of private property c. Congress makes any laws necessary and proper to carry out the intent of the Constitution. Congress cannot tax interstate commerce. B) Federalism was the traditional form of government in England. Study with Quizlet and memorize flashcards containing terms like The Constitutional clause that declares federal law takes precedence over state law is, The clause in Federalist No. The supreme court found an act of congress unconstitutional. Selective Service Act of 1917. The wording of the clause is often undergoing revision. 1 27. In 1818, the state of Maryland passed legislation to impose taxes on the bank. I, &167;8 Test for use of Necessary and Proper Clause. has greatly expanded the presidential powers. The Necessary and Proper Clause gives Congress the power to enact laws that are "necessary and proper" to run the country, even if it isn&39;t explicitly listed in the Constitution. necessary and proper clause. Name two examples of military power. necessary and proper clause c. Which clause says that government may not interfere in religious practice a) free exercise b) necessary and proper c) establishment d) none of these. Quizlet for Schools; Language. Click the card to flip . Article I, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers-elastic clause. Study with Quizlet and memorize flashcards containing terms like The "necessary and proper clause" Question options A) states that it is necessary and proper for Congress to have sufficient reasons to impeach the president B) states that the authorities must have a necessary and proper clause for search and seizure of private property C) is used by. in the Senate C. Study with Quizlet and memorize flashcards containing terms like Why is the necessary and proper clause a source of ongoing debate, After a bill has been introduced, what happens next, What statement about the necessary and proper clause is accurate and more. Writ of Habeus Corpus. Elastic Clause B. You Answered under the complete authority of the federal government. Vitale (1962) First Amendment to the U. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government. In effect, the necessary and proper clause gives Congress. Study with Quizlet and memorize flashcards containing terms like The necessary and proper clause in article 1 section 8 of the Constitution gives Congress. The Necessary and Proper Clause stated that the a. This necessary and proper clause implies that Congress has powers beyond those in the. coin money. Study with Quizlet and memorize flashcards containing terms like Federal System, Confederation, Unitary System and more. Terms in this set (12) Necessary and Proper Clause. How many clauses are there. The necessary and proper, or elastic, clause of the Constitution provides Congress with . A power that is specifically granted in the Constitution is a(n) power. What clause(s) expanded the power of the Executive branch, especially relating to Foreign Policy Appointments and Advice and Consent Clauses Which historic court case determined that the necessary and proper clause gave congress the implied power to enact legislation necessary to carry out the powers granted to them. States cannot override federal law. to empower Congress to pass laws needed to carry out the expressed powers b. judicial review. affirmed that national law is supreme over conflicting state law. Describe two of the following provisions of the Constitution and explain how each has been used over time to expand federal power. 1 of 7. establishing security for schools b. , Which of the following statements about federalism is accurate, In a unitary system, all sovereignty rests . Click the card to flip . Are there any powers granted to congress that aren&39;t specifically listed in Article I, Section 8 Explain. The Necessary and Proper clause is also called the blank Clause because it allows Congress to stretch its powers beyond those specifically enumerated. , In a parliamentary system, the is the dominant branch of government. Under the , government officials have increased access to individual library, banking, and medical records. Congress should have the power to make all laws which should be necessary and proper for the execution of all powers listed in the Constitution. Explain how the elastic clause got its name. and more. Cites ability to make laws that are necessary and proper. has expanded the role of the national government relative to the states. the constitution gives congress the power to make all laws which shall be necessary or proper. necessary and proper clause c. it is opposite of a unitary system. Study with Quizlet and memorize flashcards containing terms like Which section of the Contitution gives Congress its power a. Study with Quizlet and memorize flashcards containing terms like Expressed, Implied, Inherent and more. The necessary and proper clause. 412 solutions Identify necessary and proper clause, McCulloch v. Necessary and Proper Clause. Under the 11th amendment, all states are considered sovereign. a strict understanding of powers granted to the federal government. Establishment Clause. ruled in favor of state-centered federalism. Study with Quizlet and memorize flashcards containing terms like Marbury v. Study with Quizlet and memorize flashcards containing terms like Have the Necessary and Proper clauses proven as dangerous as the Anti-Federalists feared, Articulate both the Anti-Federalist and Federalist arguments concerning the "necessary and proper" clause. . the iroquois creation story norton anthology summary