A study of the necessary and proper clause of the united states constitution

After many votes, the House of Representatives chose Jefferson, and soon thereafter the amendment was speedily approved. The 25th amendment superseded this clause regarding presidential disability, vacancy of the office, and methods of succession Section 1 The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress:

A study of the necessary and proper clause of the united states constitution

Originally published as 61 Tenn. Permission for WWW use at this site generously granted by the author. For educational use only. The printed edition remains canonical.

For citational use please obtain a back issue from William S. One is state constitutional law, a subject that until recently was almost completely ignored. Another is the constitutional right to keep and bear arms, a subject that has always received a great deal of attention among nonacademics chiefly those opposed to gun controlbut until recently has received little attention in the scholarly press.

Both subjects are now the focus of much more writing, primarily because of the publication of articles by well-known authors that suggest the topics deserve attention. In the case of state constitutions, two important articles started the trend: As far as I am able to determine, this topic has never been the subject of scholarly commentary.

I hope that my contribution to this Symposium will, in its own small way, be as successful in stimulating discussion in this field as the works mentioned above have been in theirs.

An examination of the Tennessee Constitution in this context may also be useful in the general debate over the meaning of the Second Amendment to the Federal Constitution. Both provisions grow out of the same eighteenth-century variety of republicanism and appear to have been meant to serve the same purposes.

Yet, the Tennessee Constitution's provision is drafted differently, and has been more thoroughly interpreted in the courts. As a result, its meaning is likely to be somewhat clearer to modem readers.

Second Amendment to the United States Constitution - Wikipedia

The Tennessee Provision and the U. Some Comparisons and Contrasts Though it may be unstylishly straightforward, I have always believed that the text is a good place to start when examining a constitutional issue.

Thus, it is also worthwhile to look at the Second Amendment to the U. Constitution by way of comparison. The Second Amendment provides: Interpretation of the Second Amendment is not easy: The most obvious involves the federal provision's reference to the "Militia.

First, the term "militia" does not appear in the Tennessee provision. Rather, the provision is aimed at the "citizens of this State," which seems to rule out any sort of governmental body.

This is made clear elsewhere in the Tennessee Constitution. Article I, Section 24 provides: That the sure and certain defense of a free people, is a well regulated militia; and, as standing armies in time of peace are dangerous to freedom, they ought to be avoided as far as the circumstances and safety of the community will admit; and that in all cases the military shall be kept in strict subordination to the civil authority.

Rather this provision is the collective right clause of the Tennessee Constitution. Unlike the Federal Constitution, the Tennessee Constitution separates its militia and right to bear arms provisions.

Article II - The United States Constitution

However, the present-day effect of this collective right provision is not entirely clear: Would it guarantee the right at least subject to being "well regulated" of individuals to form private militias of the sort common in the early days of this state?

But at a minimum, the very existence of this provision makes it clear that the right to bear arms clause of Article I, Section 26, does not include the protection of a collective right to have a well-regulated militia to which one may or may not belong.

That right is addressed elsewhere. Second, it seems unlikely that a provision in Tennessee's Declaration of Rights is intended to protect an institution of state power against federal power. Such a provision would be void under the Supremacy Clause of the Federal Constitutions.From the time the American colonies first began to form the Union, several questions were raised regarding the relationship of the Constitution of the United States and the institution of slavery.

More on the Subject Index | Bill of Rights | Additional Amendments | Printer friendly version [Constitution for the United States of America]We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure .

More on the Subject Index | Bill of Rights | Additional Amendments | Printer friendly version [Constitution for the United States of America]We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do.

Download a pdf version of this Backgrounder Jon Feere is the Legal Policy Analyst at the Center for Immigration Studies.

A study of the necessary and proper clause of the united states constitution

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” -- U.S.

Const. amend. XIV, § 1 Introduction. The Second Amendment (Amendment II) to the United States Constitution protects the right of the people to keep and bear arms and was adopted on December 15, as part of the Bill of Rights.

Interpretation of Article I

The Supreme Court ruled in the Heller decision that the right belongs to individuals in their homes for self-defense. while also ruling that the right is not unlimited and does not preclude the.

A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed. ~ Second Amendment to the U.S. Constitution.

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