Why Is The Elastic Clause Of The Constitution Important?

Why is the elastic clause of the Constitution Important? The necessary and proper clause helps the US government adapt to modern times. 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 so significant?

What is the Elastic Clause? The Elastic Clause is the expantion to the constitution that gives Congress the powers they need to fulfill their duties. Why is the Elastic Clause so important to our Constitution? It gives Congress rights that without them they could not do their duties.

What is the concept behind the elastic clause in the Constitution?

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.

How does the elastic clause of the Constitution allow the government to stretch its powers to meet new needs of the nation?

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. However, a balance of power shift to the states has allowed the states to become more self-reliant.

Why is the Necessary and Proper Clause so important?

The Necessary and Proper Clause enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims, whether asserted by the government itself or by private persons.

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What is the purpose of the elastic clause of the Constitution 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.

When has the elastic clause been used?

The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining.

How does the Necessary and Proper Clause give Congress flexibility in lawmaking?

How does the necessary and proper clause give Congress the flexibility in lawmaking? It gives Congress the expressed powers to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution.

How does the elastic clause impact federalism?

Federalism in the Constitution:

Finally there are two significant parts of the Constitution that show federalism, namely the 'Elastic Clause' which allows Congress to make all laws that are necessary and proper, and the 10th amendment which guarantees states rights.

What clause within the Constitution helps to stretch the powers of Congress?

Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs.

What is the importance of the Necessary and Proper Clause quizlet?

the necessary and proper clause allows congress the ability to make laws or to act where the constitution doesn't give it authority to act. Sometimes thought of as implied powers. the question was is it constitutional to charter the first bank of the united states and to give that power to the government.

Is the Necessary and Proper Clause good or bad?

The Framers crafted the Necessary and Proper Clause to serve two great purposes. The first was to facilitate organization of the government, such as empowering Congress to organize the judicial branch (see Article I, Section 8, Clause 9). It thus enhances the other powers given to Congress.

What is the practical effect of the Necessary and Proper Clause?

The necessary and proper clause has been interpreted to mean that Congress can make “all laws which shall be necessary and proper” to achieve its enumerated powers. In effect, the necessary and proper clause gives Congress power to choose the means it considers necessary to achieve its legislative ends.

What type of powers result from the elastic clause quizlet?

Also called the "elastic clause," this enumerated power gives Congress the flexibility to take actions to accomplish the purposes of the enumerated powers in the other 17 clauses of Article I, Section 8.

What do the elastic clause the amendment process and judicial review have in common?

Why are the elastic clause, amending process, and judicial review all similar? All allow the constitution to be a "living document" and that it can change with the times. Meeting in 1787 of the elected representatives of the thirteen original states to write the Constitution of the United States.

What is an example of elastic clause?

When the issue of whether the federally-chartered bank could be taxed by the state, the U.S. Supreme Court voted unanimously that Congress had the power to establish the bank, and that Maryland did not have the power to tax it. This is one of many examples of the Elastic Clause working in Congress' favor.

Why are enumerated powers important?

Enumerated powers are specific powers granted to Congress by the United States Constitution. The framers of the Constitution wanted to ensure the new federal government would not become an overreaching entity that might subject the people to the oppression from which they had fled.

Why are implied powers important?

Implied powers are political powers granted to the United States government that aren't explicitly stated in the Constitution. They're implied to be granted because similar powers have set a precedent. These implied powers are necessary for the function of any given governing body.

How does the Constitution ensure popular sovereignty?

Popular sovereignty is government based on consent of the people. Second, the constitution made in the name of the people is ratified by a majority vote of the people or by representatives elected by the people.

What do the words necessary and proper mean in the context of the Constitution?

The Necessary and Proper Clause allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." (Article I, Section 8, Clause 18).

Which part of the Constitution gives Congress a flexible way to interpret its powers to act?

The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power

What happens next in the lawmaking process?

After both the House and Senate have approved a bill in identical form, the bill is sent to the President. If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law.

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