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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
