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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.
The terms Elastic Clause, Basket Clause, and Coefficient Clause are also occasionally used to refer to this provision. See Devotion Garner & Cheryl Nyberg , Popular Names of Constitutional Provisions , Univ. of Wash. Sch. of Law , https://lib.law.uw.edu/ref/consticlauses.html#oth (listing these terms as popular name[s] for the provision).
This residual clause—called at various times the “Elastic Clause,” the “Sweeping Clause,” and (from the twentieth century onward) the “Necessary and Proper Clause”—is the constitutional source of the vast majority of federal laws.
The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day. “Let the end be legitimate,” he ...
Elastic clause definition: 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.. See examples of ELASTIC CLAUSE used in a sentence.
Aug 14, 2019 · 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 National Bank.
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...
