What Is The Elastic Clause In The Constitution
Olivia Luz
It s called the necessary and proper clause but it s more often known by a catchier title.
What did the elastic clause do. This clause originally proved to be a problem when the constitution was being ratified. The elastic clause if you want to know what the government can do specifically you can look at article i section 8 of the constitution which lists congress powers. Constitution provides congress the power to fulfill its legal powers.
The necessary and proper clause of the u s. The elastic clause is actually the necessary and proper clause found in article i section 8 of the u s. So take four minutes and prepare y. Constitution though it is also the most controversial.
Also known as the elastic clause it was written into the constitution in 1787. The first supreme court case against the clause was in 1819 when maryland objected to alexander hamilton s formation of a national bank. The elastic clause grants the government implied powers which allows it to. The elastic clause also known as the necessary and proper clause is perhaps the most important clause in the u s.
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Article 1 section 8 clause 18 of the united states constitution gives congress power to make any laws considered necessary and proper for the nation. It sets forth the specific powers granted to congress called enumerated or expressed powers. The elastic clause exists as article i section 8 of the u s. 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.The elastic clause also known as the necessary and proper clause allows congress to do what it must to carry out its power. Constitution better known as the elastic clause which allows congress to make laws it needs to carry out its own powers. These are called the government s enumerated powers also called expressed powers or delegated powers. In order to understand the constitution you must understand the elastic clause and the tenth amendment or you are losing.
It can levy taxes declare war and coin money among other things. Enumerated powers allow congress to make decisions that affect the health safety and well being. According to wikipedia this clause often called the necessary and proper or the elastic clause is sometimes accused of giving too much power to congress. Elastic clause definition a statement in the u s.
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