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Aug 17, 2016 · The Elastic Clause, also known as the “Necessary and Proper Clause,” is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as ...
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...
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 · 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 United States Constitution.
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.
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.
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.
