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What is a law that reflects the elastic clause?
This is not necessarily a law, but the most common example of the "Elastic Clause" being used would have to be the First Bank of the United States. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. But with this Elastic Clause, Congress could do anything they deemed "necessary and proper" and thus they were allowed to create this charter. This is not necessarily a law, but the most common example of the "Elastic Clause" being used would have to be the First Bank of the United States. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. But with this Elastic Clause, Congress could do anything they deemed "necessary and proper" and thus they were allowed to create this charter.
How does the elastic clause function?
The Elastic Clause gives Congress the freedom to do what they must to carry out its power. Two historic uses of the Elastic Clause came with the establishment of the National Bank and also with the Louisiana Purchase.
The elastic clause and the necessary and the proper clause?
The ''elastic clause" of congress would be the last paragraph in the 8th section of the constitution.It says:"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 thereof." This was often used by the "loose constructionists" or the federalists to do something not in the constitution, like create a national bank. The democratic-republicans were called ''strict constructionists" because they said the government could only create things like a bank if it was in the constitution.
Why has the necessary and proper clause often been called the elastic clause?
It is called the elastic clause because it is elastic, in a figurative sense, it is written in a way that as times change and things in the world are different, parts to the clause, and whole constitution its self can be changed. But remember that to actually change or edit the constitution takes a lot of political power, not just one person can decide that there should be another amendment.
How has the necessary and proper clause expanded federal power?
The 'necessary and proper' clause is an expressed power that gives way to an implied power. The federal government to use it to justify acts that are not specifically sanctioned in the Constitution.
What is a law that reflects the elastic clause?
This is not necessarily a law, but the most common example of the "Elastic Clause" being used would have to be the First Bank of the United States. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. But with this Elastic Clause, Congress could do anything they deemed "necessary and proper" and thus they were allowed to create this charter. This is not necessarily a law, but the most common example of the "Elastic Clause" being used would have to be the First Bank of the United States. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. But with this Elastic Clause, Congress could do anything they deemed "necessary and proper" and thus they were allowed to create this charter.
How does the elastic clause function?
The Elastic Clause gives Congress the freedom to do what they must to carry out its power. Two historic uses of the Elastic Clause came with the establishment of the National Bank and also with the Louisiana Purchase.
Is this True or false Alexander Hamilton's argument for a national bank is an example of strict construction of the constitution?
False. This was an example of loose construction and one of the first major uses of the "necessary and proper" or "Elastic Clause" of the Constitution.
What part of the constitution does Andrew Hamilton use for his argument for national bank?
According to The supreme Court in McCulloch v. Maryland (1819) said that Article I, Section 8. The "Necessary and Proper" Clause gave Congress the power to establish a national bank.
What is the importance of the elastic clause in the Constitution?
Elastic ClauseThe elastic clause, also known as the Necessary-and-Proper Clause, is found in Article I, section 8, of the Constitution. It authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated (listed) powers of Congress. The clause allows Congress some degree of flexibility in enacting legislation. It gives the Congress more power than what is stated in the Constitution. Example--the government has the power to collect taxes. But, the Constitution does not say where that money should be held. It was argued that the Elastic Clause gave Congress the power to establish a National Bank to hold the money. It allows Congress to pass laws that are needed as time changes.
Who led the Anti Federalist movement which supports a decentralized banking system?
James Madison led the Anti-Federalists in opposing the central bank. They believed it was unconstitutional. Hamilton argued that it was allowed under the "necessary and proper" clause.
The elastic clause and the necessary and the proper clause?
The ''elastic clause" of congress would be the last paragraph in the 8th section of the constitution.It says:"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 thereof." This was often used by the "loose constructionists" or the federalists to do something not in the constitution, like create a national bank. The democratic-republicans were called ''strict constructionists" because they said the government could only create things like a bank if it was in the constitution.
Why was the decision in the McCulloch v. Maryland case significant?
The Court ruled that the federal government had implied powers under the "elastic clause" in the Constitution. -Gnapinski88
Why did hamiltons national bank create a controversy?
The national bank became a source of controversy when the congress started discussing the laws that would help in its regulations. There were certain clauses of the constitution that allowed it to be discussed while some members did not agree.
What is the mortgage clause for jp Morgan chase bank?
The mortgage clause for JP Chase Bank offers mortgage name and address listed as loss payee under the mortgagee clause.
What is the purpose of the Elastic Clause?
This is called the elastic clause. Its purpose is to make sure Congress has the needed authority to enact the above Constitutional powers, and is one of excuses they use to make a bunch of other laws that may or may not really be within the scope of their authority. The primary example used in texts and other sources is James Madison and the National Bank. Madison heavily supported a strong National Government, and a bank would insure this power, at least in his mind. However, the Constitution made no such provision for the bank, or did it? The Elastic Clause gives the National Government to set forth any law or action that is "necessary and proper." When the case of the National bank reached the supreme court (McCulloch v Maryland) the Court ruled that it was necessary and proper. This same case also decided that States could not tax national entities doing business in that specific state because national powers are supreme over that of the states', clearly trampling on states' rights. Another example is Thomas Jefferson and the Louisiana Purchase. Jefferson was the opposite of Madison in that he supported states' rights with a passion. Despite this quality Jefferson knew that in order to get the Purchase it would have to be done through an executive order in fear that the Congress would not pass the proposal. So, Jefferson put his beliefs aside and made the purchase using the elastic clause; it was "necessary and proper." Thankfully the nation, generally, agreed with his decision. Quite recently the elastic clause was used. President Bush used the elastic clause to pass the No Child Left Behind Act by putting it under the power to declare war. Bush and his administration agreed that if we were to declare war that our children, later becoming adults, would need to be adequately educated. I trust this will help!
Jefferson and Hamilton differed on the question of whether or not Congress could do what?
They disagreed on practically everything but their esteem for George Washington. Specifically, however, their greatest and most significant difference on a power of Congress was whether Congress could establish a national bank (the "First Bank of the United States"). Hamilton argued that because Article I, section 9 of the Constitution did not specifically prohibit Congress from creating a national bank, then Congress was empowered to do so under Article I, section 8, clause 18 (the "implied powers clause," "necessary and proper clause," or "elastic clause"). Jefferson, who took a more limited view of Federal power, argued that because Article I, section 8 did not specify Congress could create a national bank, then it could not. Jefferson believed that only specified powers (such as power to tax, to maintain an army, to punish counterfeiters, etc.) could be exercised by Congress.
