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What is the Elastic Clause of the Constitution?
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Aug 17, 2016 · 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 .
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: 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 Necessary and Proper Clause—also sometimes called the Elastic Clause, Coefficient Clause, or Basket Clause—concludes Section 8’s list of enumerated powers by vesting in Congress the authority to use all means “necessary and proper” to execute those powers.
What Is the Elastic Clause? The elastic clause is arguably one of the most important and heavily debated parts of the Constitution, especially when it comes to limiting federal power and protecting states’ rights. It is also one of the most commonly misunderstood clauses.
Nov 21, 2023 · By definition, the Elastic Clause is a constitutional clause that allows Congress to pass the legislation needed to carry out its powers, both those expressly...
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- What powers does the Elastic Clause give Congress?The Elastic Clause gives Congress implied powers necessary and proper to execute its enumerated powers. For example, the Constitution specifically...
- What amendment is the Elastic Clause in?The Elastic Clause is not found in an amendment, but rather in the main body of the U.S. Constitution. Article I, Section 8 of the U.S. Constitutio...
- Why is the Elastic Clause of the Constitution important?During debates about the ratification of the U.S. Constitution, James Madison and Alexander Hamilton argued that the new government would fail with...
- What is the Elastic Clause?The Elastic Clause, also known as the Necessary and Proper Clause, is the last of 18 powers of Congress listed in Article I, Section 8 of the Unit...
The 18th Clause, or the Elastic Clause, gives Congress the flexibility to take action to accomplish the purposes of these 17 clauses. Although seemingly a residual clause, the Elastic Clause is the constitutional source of most federal laws.
); see generally John Mikhail, The Necessary and Proper Clauses, 102 Geo. L.J. 1045, 1059 & n.47 (2014) ([The Framers] referred to the last clause of Article I, Section 8 as the ‘Sweeping Clause.’). The terms Elastic Clause, Basket Clause, and Coefficient Clause are also occasionally used to refer to this provision.
