Specificity And Vagueness Of Constitution

Question 1

Specificity (enumerated powers)

Answer 1

Key pets of constitution explicitly and specifically set out powers of different branches
Example
- article 1 section 8 sets out a number of specific powers held by congress including power to coin money, establish post offices and to raise and support armies
- 10th amendment sets out that bay power not delegated to by the the constitution are reserved to the states

Question 2

Vagueness (implied powers)

Answer 2

Powers implied from enumerated powers
Example
- congress has the enumerated power to provide for the common defence and general welfare of the US from which it is implied that it can collect taxes to provide for defence even though it’s not specifically set out in

Question 3

Necessary and proper/ elastic clause

Answer 3

Final clause of article 1 section 8
States that congress can make all law ‘necessary and proper’ to carry out the execution of the enumerated powers of congress or the federal government

Question 4

McCulloh v Maryland case

Answer 4

Supreme Court ruled that the elastic clause granted congress implied powers along with its enumerated powers