What is elastic clause?

noun. a statement in the U.S. Constitution

U.S. Constitution

A document that embodies the fundamental laws and principles by which the United States is governed. It was drafted by the Constitutional Convention and later supplemented by the Bill of Rights and other amendments. (See Preamble to the Constitution.)

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Definition of Constitution, United States - Dictionary.com

(Article I, Section 8) granting Congress the power to pass all laws necessary and proper

necessary and proper

The specific term "Necessary and Proper Clause" was coined in 1926 by Associate Justice Louis Brandeis, writing for the majority in the Supreme Court decision in Lambert v.

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Necessary and Proper Clause - Wikipedia

for carrying out the enumerated list of powers.

What is an example of an elastic clause?

The Elastic Clause gives Congress implied powers necessary and proper to execute its enumerated powers. For example, the Constitution specifically allows Congress to collect taxes but does not mention the creation of a National Bank.

Why is called the elastic clause?

Located in Article I, Section 8, Clause 18 of the U.S. Constitution, the Elastic Clause is so named because of the flexibility it gives to Congress when it comes to exercising its enumerated powers.

What is the elastic clause also known as?

The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution.

What is the elastic clause and why is it so significant?

The elastic clause is what gives Congress the ability to carry out the enumerated powers. It is also important to understand because it is such a controversial and debated clause.

The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series

What is the purpose of the elastic clause quizlet?

Also called the Elastic Clause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution. In doing so, Congress has given itself implied powers not mentioned in the Constitution. It has argued that these implied powers are needed to fulfill its other duties.

How has the elastic clause been used?

The Elastic Clause authority was first put into practice in 1791, three years after the United States Constitution was ratified on June 21, 1788. Then the first Secretary of the Treasury, Alexander Hamilton, invoked the Elastic Clause to justify the creation of the First Bank of the United States.

What are the elastic clause and supremacy clause?

The 18th power, known as the "elastic clause," gave Congress the authority "to make all laws that 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." The committee members also included a "supremacy ...

What is the most important clause in the Constitution?

Virtually all of the laws establishing the machinery of government, as well as substantive laws ranging from antidiscrimination laws to labor laws, are enacted under the authority of the Necessary and Proper Clause. This Clause just might be the single most important provision in the Constitution.

How is the elastic clause a potential threat to state governments?

It's power has been expanded because it means that it can override state laws/decisions if money is exchanged because of an act that took place across state borders. It has been reined in so that it can only be used if the act has to do with one of Congress' delegated powers.

How did Jefferson use the elastic clause?

Both Jefferson's and Hamilton's arguments were based on the Constitution's Preamble, the “elastic clause” (Article I, Section 8, clause 18), and Amendment X. The elastic clause gave Congress the right to make laws “necessary and proper” to carry out other powers given Congress.

How does the elastic clause of the Constitution allow the government to stretch its powers?

Often called the "Elastic Clause," this clause allows Congress to "stretch" its powers to make laws that were needed to carry out the powers enumerated in the Constitution.

Which statement from the United States Constitution is referred to as the elastic clause?

The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far- reaching aspects of the United States Constitution. Article 1, Section 8, Clause 18 of the Constitution reads: "The Congress shall have Power ...

What purpose do the elastic clause the amendment process to the Constitution and the power of judicial review have in common?

What purpose do the Elastic Clause, the amendment process to the Constitution, and the power of judicial review have in common? A. The Constitution may be adapted to meet changing conditions.

What is the meaning of the Supremacy Clause?

Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Why was it important to add the elastic clause to the Constitution?

The Elastic Clause allowed them to use implied powers to execute the enumerated powers of the Constitution. Without the Elastic Clause, every time Congress encountered a new situation, a new amendment would need to be proposed, passed, and ratified.

What is the Necessary and Proper Clause elastic clause )? Quizlet?

The Necessary and Proper Clause, also known as the "Elastic Clause," provides Congress with the authority to "make all laws which shall be necessary and proper for carrying into execution the [enumerated] powers, and all other powers vested by the Constitution in the government of the United States." In the landmark ...

Why did Anti-Federalists not like elastic clause?

The Anti-Federalist didn't like this clause because they want the states to exercise the power. Translate the meaning of the Clause? Congress can control anything like trading and etc. that crosses state lines.

Which powers of Congress come from the elastic clause?

The final paragraph of Article I, Section 8, grants to Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This provision is known as the elastic clause because it is used to expand the powers of Congress, especially when national laws come into ...

How did the use of the elastic clause in this scenario change the implied powers of Congress?

Key Takeaways: Implied Powers of Congress

Implied powers come from the Constitution's “Elastic Clause,” which grants Congress power to pass any laws considered “necessary and proper” for effectively exercising its “enumerated” powers.

What was the disagreement between Hamilton and Jefferson?

Hamilton wanted the United States to model itself on Britain. The government, he thought, should encourage manufacturing and trade. He also favored the growth of cities and the merchant class. Jefferson thought that farmers, rather than merchants, were the backbone of the new nation.

Did the Federalists support the elastic clause?

Those who supported Alexander Hamilton's aggressive fiscal policies formed the Federalist Party, which later grew to support a strong national government, an expansive interpretation of congressional powers under the Constitution through the elastic clause, and a more mercantile economy.

Did Anti-Federalists support the elastic clause?

among the several States" and "raise and support Armies." At the end of the list is the power "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 ...

Which of the following statements is true of the elastic clause?

Which of the following statements is true of the elastic clause? It gives congress the power to make laws deemed necessary and powerful.

Which of the following law ideas might be created under the elastic clause?

Which of the following law ideas might be created under the Elastic Clause? The power to be flexible. In the U.S. Constitution, the Elastic Clause gives Congress the power to make laws that are "necessary and proper." Creating a minimum gas mileage for vehicles would be an example of this.