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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.
What is the affectation doctrine?
Under the Necessary and Proper clause, Congress using a rational basis may regulate any activity which has a "substantial economic effect" on interstate commerce.
Another name for necessary and proper clause?
The name of the Necessary and Proper Clause is "the Necessary and Proper Clause," but in the Constitution it's simply labeled Article I, Section 8 (Clause 18). It is the 18th Clause, but you have to count the clauses to find it because the enumerated powers aren't numbered.This is also often referred to as the "Elastic Clause" because it can be stretched to enable Congress to pass or enforce legislation that may seem (or actually be) beyond its constitutional reach.Necessary and Proper Clause"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."
The powers that are suggested but not directly stated in the constitution are called?
Congressional powers not expressed are implied powers.
Which provision of the US Constitution has been most significant in broadening the powers of the Federal Government?
the Elastic clause
What part of the government makes necessary and proper laws?
Congress, "Necessary and proper" is straight for the Constitution.
Who decides which laws are necessary and proper in the United states system of government?
congress congress
What clause gives flexibility to congress?
The Necessary and Proper clause gives flexibility to congress.
What happens if congress passes a law that is not necessary and proper?
The president will veto it
Which clause gives congress the ability to do what is necessary and proper?
the elastic clause of the constitution
Can congress establish a national bank?
Yes, anything "necessary and proper" can be performed by Congress. Don't believe me? Check the "Necessary and Proper Clause" (Article 1, Section 8, Clause 18 of the Constitution).
How can Congress pass any law needed for government to function?
The necessary and proper clause
How can congress pass any law needed for the government to function.?
The necessary and proper clause
What gives Congress the right to make all necessary and proper laws.?
elastic clause
How can congress pass any law needed for the government function?
The necessary and proper clause
What type of powers does the necessary and proper clause give to congress?
It gives congress the right to do "proper" things and carry out there duties.
In the US Constitution does the elastic clause allow Congress to make all laws necessary and proper to carry out its expressed powers?
That is the purpose of the elastic clause, but the Supreme Court has limited its construction in certain ways, so it does not functionally allow Congress to make ALL laws necessary and proper, but MOST laws necessary and proper.
