Where and what is the elastic clause in the US Constitution?

Asked By: Kelian Mercuri | Last Updated: 26th April, 2020
Category: news and politics law
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Located in Article I, Section 8, Clause 18 of the U.S. Constitution, the Elastic Clause is so named because of the flexibility it gives to Congress when it comes to exercising its enumerated powers.

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Keeping this in consideration, where is the elastic clause found in the Constitution?

The elastic clause is actually the 'necessary and proper' clause found in Article I, Section 8, of the U.S. Constitution. The elastic clause grants the government implied powers which allows it to adapt to modern needs.

Subsequently, question is, why is it called the elastic clause? The Necessary and Proper Clause is often called the Elastic Clause because it caused the powers of Congress to snap. Congress can appropriate money to different deparments of the Federal Government.

Secondly, what is the elastic clause and why is it important?

The Elastic Clause is the power given to Congress to pass all laws neccessary and proper for carrying out the enumerated list of powers. Congress was allowed to make the laws they decided were neccessary to properly and effectively execute the jobs they already were given as long as it was constitutional.

When has the elastic clause been used?

The Elastic Clause was first used by the Supreme Court in 1819. The case was called McCulloch vs. Maryland. The case was created when the state of Maryland attempted to place an unconstitutional tax on bank notes.

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What is an example of an elastic clause?

Purpose of the Elastic Clause
Clause 18 makes that explicit. For example, the government could not collect taxes, which power is enumerated as Clause 1 in Article 1, Section 8, without passing a law to create a tax-collecting agency, which is not enumerated.

What is the elastic clause in simple terms?

Definition of Elastic Clause
Noun. A clause within the United States Constitution that grants Congress the power to pass whatever laws are deemed “necessary and proper” to help Congress to carry out the enumerated powers.

What is an elastic clause of the Constitution?

noun. a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

What is the necessary and proper clause in simple terms?

Often called the “elastic clause,” the necessary and proper clause simply states that Congress has the power, “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

What is a clause in constitution?

The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.

What are the limits of the elastic clause?

“The Congress shall have Power 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.”

What do you mean by federalism?

federalism. Federalism is a system of government in which entities such as states or provinces share power with a national government. Federalism helps explain why each state has its own constitution and powers such as being able to choose what kind of ballots it uses, even in national elections.

Why was the Bill of Rights written?

The Bill of Rights: A History
The first 10 amendments to the Constitution make up the Bill of Rights. James Madison wrote the amendments, which list specific prohibitions on governmental power, in response to calls from several states for greater constitutional protection for individual liberties.

What are examples of implied powers?

An example of implied power is when Congress passes legislation on national health care based on the power granted to Congress by the Constitution to collect taxes and provide for the common defense and general welfare of the United States. "Implied power." YourDictionary. LoveToKnow.

What is also known as the elastic clause?

The Necessary and Proper Clause, also known as the elastic clause, is a clause in Article I, Section 8 of the United States Constitution that is as follows: The Congress shall have Power

What three principles limit the power of the government?

The Three Powers: Legislature, Executive, Judiciary
Checks and balances (rights of mutual control and influence) make sure that the three powers interact in an equitable and balanced way. The separation of powers is an essential element of the Rule of Law, and is enshrined in the Constitution.

What does Article 1 Section 8 of the Constitution mean?

Article I, Section 8, specifies the powers of Congress in great detail. The power to appropriate federal funds is known as the “power of the purse.” It gives Congress great authority over the executive branch, which must appeal to Congress for all of its funding. The federal government borrows money by issuing bonds.

What does Article 1 Section 8 Clause 17 of the Constitution mean?

Article 1, Sec. 8, Clause 17 Constitution of US. Exclusive Legislative Jurisdiction. When the People delegated power between the federal and State governments, the so-called "police powers" were delegated to the State governments to be exercised eclusively within their physical boundaries.

Which is an implied power of the federal government?

Implied powers are political powers granted to the United States government that aren't explicitly stated in the Constitution. They're implied to be granted because similar powers have set a precedent. These implied powers are necessary for the function of any given governing body.

What is the significance of amending the Constitution?

The significance is that they (the Amendments) are law. These are not separate, or somehow different than the Constitution, once ratified - they are part of the Constitution. To be removed (as in the case of the 18th and 21st) it requires another amendment. Until repealed - it exists as law.

Why is the Supremacy Clause important?

The “supremacy clause” is the most important guarantor of national union. It assures that the Constitution and federal laws and treaties take precedence over state law and binds all judges to adhere to that principle in their courts.