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Paha777 [63]
3 years ago
6

Why might someone be wary about the necessary and proper clause?

History
1 answer:
Sergio [31]3 years ago
8 0

Answer:

Necessary and Proper Clause is often called the “Elastic Clause” because it is believed to give Congress “implied powers” that government is assumed to possess without being mentioned in the Constitution. There is a problem with this view: a government that is able to expand its power through an “Elastic Clause” is more likely to abuse its power.

This was a major concern of the Anti-Federalists, who argued that the Necessary and Proper would greatly expand government and leave it up to Congress to decide whether a law was necessary and proper. The Anti-Federalists further argued that the clause left no limitation to federal power and that “ . . . if they may do it, it is pretty certain they will . . . .”

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On September 5, 1793, a group of Parisian radicals petitioned the National Convention to place “terror on the order of the day.” Seizing that mandate, the Committee of Public Safety in Paris responded with ruthless efficiency to real and perceived threats to its rule. By the time the Reign of Terror reached its conclusion, in July 1794, some 17,000 people had been officially executed, and as many as 10,000 had died in prison or without trial. The French Revolutionary government had devoured its own in spectacular fashion. What led it to take such excessive and violent measures against its own people?

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Although the Jacobins dominated the Committee of Public Safety, the chief executive body in French politics in 1793, they saw enemies everywhere, both without and within. Foreign armies were at France’s frontiers, a civil war raged in western France, and armed rebellions (at least partially organized by Girondins who had fled Paris) gripped the southern cities of Lyon, Marseille, and Toulon. On the right, Jacobin leader Georges Danton was one of the prime movers in the overthrow of the ancien régime, but he was soon seen as too moderate. On the left, radical Jacques Hébert commanded the loyalty of the sansculottes with virulent anticlericalism and calls for a command economy. In the center was Maximilien Robespierre.

Robespierre, in the interest of saving the Revolution and carrying it forward with “une volonté une” (“one single will”), conducted a fratricidal campaign against both wings of his own movement as well as anyone else perceived as harboring anti-revolutionary sentiments. Hundreds of thousands of people were arrested, and, on June 10, 1794, the National Convention passed the Law of 22 Prairial, year II (the corresponding date on the French republican calendar), which suspended the right to a public trial and legal assistance. Juries were given two choices: acquittal or death. As a result, some 1,300 people were executed in June 1794 alone.

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