The "necessary and proper" clause has been a device for national government to influence state policy making by giving or withholding money. An example is the No Child Left Behind act. The department of education has issued rules about testing and school standards to measure student proficiency. Schools that did not reach these standards set by the DEA are at risk for losing federal funding. Utah risked losing federal funding by subordinating requirements to state policy. They are now in it because they could not function without federal support.
Another example is highway funding. If states did not up their legal drinking age to twenty one, the government would not support the funding of highways.
(elastic clause)
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the elastic clause, because it has been used to expand the power of the federal government.
Elastic Clause: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers. The Elastic Clause allows future generations to expand the meaning of the Comstitution. Congress can take action on issues not to spelled out in the Constitution.
elastic clause
elastic clause
The section of the constitution granting Congress the authority to extend its delegated powers is known as the necessary and proper clause or the elastic clause. Found in Article I, Section 8, Clause 18, it gives Congress the power to make all laws which shall be necessary and proper for carrying into execution the other enumerated powers in the constitution. This clause has been interpreted to allow Congress to expand its powers beyond what is explicitly stated in the constitution.
The Elastic Clause is in Article I of the US Constitution, and it states that any powers necessary to complete the powers listed above (the expressed powers of congress), but not necessarily mentioned there, are nonetheless granted to the Congress. For example: An express power is that Congress can maintain an army. A implied power (powers granted by the elastic clause) would be to recruit, train, and draft citizens into that army. It could also establish military bases to which civilian access was restricted. The elastic clause has been used throughout US history to add powers to the federal government. It allows the federal government to expand its powers.
Article I, Section 8, Clause 18 - the so-called "elastic clause" or "necessary and proper clause."
The name of the Necessary and Proper Clause is "the Necessary and Proper Clause," but in the Constitution it's simply labeled Article I, Section 8 (Clause 18). It is the 18th Clause, but you have to count the clauses to find it because the enumerated powers aren't numbered.This is also often referred to as the "Elastic Clause" because it can be stretched to enable Congress to pass or enforce legislation that may seem (or actually be) beyond its constitutional reach.Necessary and Proper Clause"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."
The Elastic Clause is in Article I of the US Constitution, and it states that any powers necessary to complete the powers listed above (the expressed powers of congress), but not necessarily mentioned there, are nonetheless granted to the Congress. For example: An express power is that Congress can maintain an army. A implied power (powers granted by the elastic clause) would be to recruit, train, and draft citizens into that army. It could also establish military bases to which civilian access was restricted. The elastic clause has been used throughout US history to add powers to the federal government. It allows the federal government to expand its powers.
Expand because it broadens there powers. if it is deemednecessary and proper than it is considered an implied power which is not word for word in the constitution, but what our fore-father's aka people who wrote constitution wanted to for us