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How did the Supreme Court's decision in MucCulloch vs Maryland expand the power of the national government?
Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause, is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress. But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution. In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers.
What does the constitutions necessary and proper clause do?
It gives powers to Congress that allow the government to meet new challenges.
What does the elastic clause do?
The Elastic Clause is in Article I of the US Constitution, and it states that any powers necessary to complete the powers listed above (the expressed powers of congress), but not necessarily mentioned there, are nonetheless granted to the Congress. For example: An express power is that Congress can maintain an army. A implied power (powers granted by the elastic clause) would be to recruit, train, and draft citizens into that army. It could also establish military bases to which civilian access was restricted. The elastic clause has been used throughout US history to add powers to the federal government. It allows the federal government to expand its powers.
The clause in the constitution that gives congress the right to make laws that are necessary and proper for carrying out listed powers is often called?
the elastic clause, because it has been used to expand the power of the federal government.
What allow congress to strecth its powers?
The Elastic clause is in the constitution which says that the government can do anything "Necessary and proper"
Which part of the constitution gives congress a flexible way of interpreting its powers to act?
The Necessary and Proper Clause, also known as the Elastic Clause, is the part of the Constitution that gives Congress a flexible way of interpreting its powers to act. It grants Congress the authority to make all laws that are necessary and proper to carry out its enumerated powers. This clause enables Congress to adapt to changing circumstances and address unforeseen issues beyond explicitly listed powers.
Section of the constitution granting Congress the authority to extend its delegated powers?
The section of the constitution granting Congress the authority to extend its delegated powers is known as the necessary and proper clause or the elastic clause. Found in Article I, Section 8, Clause 18, it gives Congress the power to make all laws which shall be necessary and proper for carrying into execution the other enumerated powers in the constitution. This clause has been interpreted to allow Congress to expand its powers beyond what is explicitly stated in the constitution.
What powers gives congress more creative avenues for expanding their powers?
Implied powers are what allow Congress to creatively expand its reach and power. Alexander Hamilton used the argument of implied powers to justify the creation of a national bank.
How has the doctrine of implied powers increased the powers of congress?
Implied powers allow Congress to execute anything they see as necessary and proper, and it doesn't need to fall under the expressed powers of the Constitution.
How did the Supreme Court's decision in MucCulloch vs Maryland expand the power of the national government?
Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause, is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress. But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution. In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers.
What is the ability of congress to make all laws necessary and proper to uphold the constitution?
The Elastic Clause. A.K.A. The "necessary and proper" clause - Not all powers are listed in the Constitution. This clause allows Congress to make laws they need in order to carry out the listed powers. This clause allows Congress to "stretch" its powers.
What powers can Congress exercise due to the necessary and proper clause-?
Implied Powers
How are the elastic clause the amendment process and judicial review similar?
The elastic clause allows congress to make any laws that it finds necessary in carrying out its constitutional powers. Therefore this clause enables congress to make amendments to the constitution if it finds the amendment necessary.
What power gives congress more creative avenues for expanding their powers?
Implied powers are what allow Congress to creatively expand its reach and power. Alexander Hamilton used the argument of implied powers to justify the creation of a national bank.
What does the constitutions necessary and proper clause do?
It gives powers to Congress that allow the government to meet new challenges.
Congress necessary and proper?
U.S. Art. I, Sec. 8, Cl. 18, empowering congress to make all laws which shall be "necessary and proper" for carrying out to execution the enumerated powers of Congress.
What does the elastic clause do?
The Elastic Clause is in Article I of the US Constitution, and it states that any powers necessary to complete the powers listed above (the expressed powers of congress), but not necessarily mentioned there, are nonetheless granted to the Congress. For example: An express power is that Congress can maintain an army. A implied power (powers granted by the elastic clause) would be to recruit, train, and draft citizens into that army. It could also establish military bases to which civilian access was restricted. The elastic clause has been used throughout US history to add powers to the federal government. It allows the federal government to expand its powers.
