What is elastic clause?
What is elastic clause?
noun. a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper 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.
What is the elastic clause and why is it so significant?
The U.S. government’s ability to adapt to changing times lies within the elastic clause. The elastic clause is actually the ‘necessary and proper’ clause found in Article I, Section 8, of the U.S. Constitution. The elastic clause grants the government implied powers which allows it to adapt to modern needs.
What is the elastic clause and why is it controversial?
The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as outlined in the Constitution. In other words, Congress may do whatever is “necessary and proper” to do its job.
What is the elastic clause AP Gov?
Elastic Clause. Article I, Section 8, Clause 18 of the Constitution; one of the powers of Congress that allows them to make any laws that are necessary and proper for carrying out their other powers. Also called the “Necessary and Proper Clause”
When was the elastic clause 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.
Did Alexander Hamilton like the elastic clause?
Hamilton who favored a strong central government saw the elastic clause as a broad license to act whenever needed. Jefferson who wanted a smaller, more limited federal government, thought this power should be used only when absolutely necessary.
Does the Elastic clause give Congress too much power?
Purpose of the Elastic Clause Congress is limited in its power over the American people to only those powers specifically written into the Constitution, such as determine who can be a citizen, collect taxes, establish post offices, and set up a judiciary.
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.
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 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.
What does the elastic clause of the Constitution allow Congress to do quizlet?
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.
What type of powers result from the elastic clause?
The Powers of Congress These powers include specific things like providing for a common defense, the ability to coin money, collect taxes, and regulate trade between states. It also gives Congress the power to do some more broad things like maintain general welfare and promote the useful arts.
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 …