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Although seemingly a residual clause, the Elastic Clause is the constitutional source of most federal laws. Many laws establishing government machinery and operations, anti-discrimination laws, and labor laws are other Elastic Clause examples.
Aug 17, 2016 · Elastic Clause defined and explained with examples. Elastic clause is a Constitutional clause allowing Congress to pass laws deemed necessary to carry out its job. Legal Dictionary
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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 United States, or in any Department or Officer the
Nov 21, 2023 · What is the elastic clause of the Constitution? Learn the definition of elastic clause, why it is important and view examples of elastic clause cases.
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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...
Aug 14, 2019 · Necessary and Proper Clause. The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. Also known as the "elastic clause," it was written into the Constitution in 1787. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a ...
The "Elastic Clause" of the Constitution grants Congress power to pass unspecified laws "necessary and proper" for the exercise of its expressed powers. Implied powers have often been controversial. Over time, Congress's powers have grown as more and more kinds of government activity have been accepted as implied powers.
An example of the elastic clause being used in this way can be found in the case of Missouri v. Holland. By the end of this case in the year 1920, the Supreme Court decided that Congress was in the right when using the elastic clause to implement and extend the terms of a treaty that had already been negotiated and ratified. The Other Side
