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Why is the amendment process and the elastic clause an example of the flexibility of the US Constitution?
Wiki User
∙ 9y ago
Article V is critical to the Constitution's flexibilitybecause it allows for the addition of amendments and thus helps the government adapt to changing times.
Wiki User
∙ 12y ago
Wiki User
∙ 9y agoThey both are examples of the flexibility in the US Constitution because they show that it can change and adapt over time.
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What is it called when you make a change in the constitution?
There are two ways to change the Constitution of the United States, formally and informally. There are several ways to informally change the Constitution. One example is Article I, Section 8, Clause 18. It is known as the “elastic clause” because it “stretches” the power of Congress. This gives Congress the power to pass laws considered “necessary and proper” for carrying out the other powers of Congress. The development of political parties, political custom, and tradition are also informal ways to change the Constitution. For example, the Constitution says nothing about the President’s Cabinet to help him/her make decisions. This was begun by Washington and developed over the years by presidents who felt they needed special advisors for various subjects. The Amendment process is the formal way to change the Constitution. An amendment may be proposed by two-thirds vote of both houses of Congress or by a convention called by Congress at the request of two-thirds of the state legislatures. Ratification of an amendment takes three-fourths of the states to approve.
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.
How do you cancel an amendment to the U.S. Constitution?
Constitution of the United States of America, Article V: The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article, and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.So, An amendment removing an amendment is a repeal.
What is an example of an informal amendment to the US Constitution?
"Informal Amendment"Another way the Constitution's meaning is changed is often referred to as "informal amendment." This phrase is a misnomer, because there is no way to informally amend the Constitution, only the formal way. However, the meaning of the Constitution, or the interpretation, can change over time.There are two main ways that the interpretation of the Constitution changes, and hence its meaning. The first is simply that circumstances can change. One prime example is the extension of the vote. In the times of the Constitutional Convention, the vote was often granted only to monied land holders. Over time, this changed and the vote was extended to more and more groups. Finally, the vote was extended to all males, then all persons 21 and older, and then to all persons 18 and older. The informal status quo became law, a part of the Constitution, because that was the direction the culture was headed. Another example is the political process that has evolved in the United States: political parties, and their trappings (such as primaries and conventions) are not mentioned or contemplated in the Constitution, but they are fundamental to our political system.The second major way the meaning of the Constitution changes is through the judiciary. As the ultimate arbiter of how the Constitution is interpreted, the judiciary wields more actual power than the Constitution alludes to. For example, before the Privacy Cases, it was perfectly constitutional for a state to forbid married couples from using contraception; for a state to forbid blacks and whites to marry; to abolish abortion. Because of judicial changes in the interpretation of the Constitution, the nation's outlook on these issues changed.In neither of these cases was the Constitution changed. Rather, the way we looked at the Constitution changed, and these changes had a far-reaching effect. These changes in meaning are significant because they can happen by a simple judge's ruling and they are not a part of the Constitution and so they can be changed later.
Would you please give me a example of informal amendment?
The Supreme Court Case Marbury v. Madison is an Informal Amendment. For example, It made it so the Judaical Branch of the Government gained the Power of Review. This is informal because the actual Constitution did not change only the way we perceived Article III section 2 and the Judiciary Act of 1789.
What do you call change made to your national constitution?
An amendment. For example, the first Amendment to the Constitution covers Freedom of Speech.
How is the constitution was both a product of it time and a document that has had enough flexibility to meet the challenegs of the future?
The Framers constructed the US Constitution to meet the problem of the times regarding voting by all male citizens. The times also called for a central government that could not amass power in the executive branch, this would hamper anyone trying to be a king. The amendment process of the Constitution gave it flexibility to meet demands of the future. For example, the 13th amendment to abolish slavery.
Which is an example of how Congress has used its implied powers under the Elastic Clause of the Constitution?
Obama care
Is the US Constitution the same now as when it was originally created?
No, thus the amendments. Each amendment has added one provision or other to the constitution. For example, women couldn't vote until that became an amendment to the constitution
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.
Is the president creating a cabinet an example of and in formal amendment to the U.S. Constitution?
No. A cabinet is a group of advisers and not even mentioned in the constitution.
Is the minimum wage law an example of... a. the unwritten constitution b. a right guaranteed by the constitution c. an interpretation of the constitution or d. the amendment process?
B
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 does the ninths amendment say about rights not listed in the Constitution?
That they are also protected by the people, for example the right to privacy.
Is the fourth amendment and example of judicial review?
The fourth amendment to the US Constitution deals with the rights of citizens to have due process and requires warrants for searches. Judicial review is not really relevant to this amendment.
What solid is elastic?
Lots of solids are elastic. Steel, for example. Another one is "elastic".
What do call a change to the constitution?
With regards to the US Constitution, changes made are called amendments. As one important example, in 1865, the 13th amendment was made to the US Constitution to abolish slavery. The Framers of the US Constitution believed of course that Constitution would require changes as time passed, however, they were cautious about changes and the amendment process is difficult.
