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it has been i interpreted by: to expand its powers into numbers of areas, such as regulation of the airline industry, radio and television, and nuclear energy.
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Which Constitutional provisions have been interpreted as weakening the 10th amendment?
Some might say the "necessary and proper clause" and the "interstate commerce clause" have both weakened the Tenth Amendment because they confer on Congress undefined powers allowing them to enforce laws and regulate interstate commerce, sometimes on businesses that operate wholly within a state's borders.The existence of these clauses doesn't automatically render the States powerless; the US Supreme Court has struck down laws passed on the basis of either clause as unconstitutional. This was the primary source of disagreement between President Roosevelt and the Supreme Court in the 1930s.Article I, Section 8, 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."Article I, Section 8, Interstate Commerce Clause:"To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
Final clause in section 8 of the constitution?
The final clause in Section 8 of the Constitution is known as the Necessary and Proper Clause, or the Elastic Clause. It grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers. This clause has been the basis for the expansion of federal powers over time and has been used to justify various laws and actions by the federal government.
Under the Articles of Confederation some states had their own armies?
Congress had been denied power to regulate either foreign trade or interstate commerce. Hence, all the States maintained control over their own trade policies.
Only a small number of amendments have been added to the US Constitution mainly because of what?
Because constitution has been broadly interpreted and applied.
What did grandfather clause mean to African American who wanted to vote?
They could not vote if their grandfather had not been allowed to vote.
Section of the constitution granting Congress the authority to extend its delegated powers?
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.
Where would one find a list of powers forbidden to congress?
Answers.com has an entry "Congressional Power." They are also listed in Article I, Section 9 of the Constitution.
Which clause of the Constitution has been used to strengthen the power of the national government?
The Necessary and Proper Clause of the Constitution has been used to strengthen the power of the national government. It is also known as the Elastic Clause.
Can the establishment clause has been interpreted differently depending upon timeand place and location?
True
Which Constitutional provisions have been interpreted as weakening the 10th amendment?
Some might say the "necessary and proper clause" and the "interstate commerce clause" have both weakened the Tenth Amendment because they confer on Congress undefined powers allowing them to enforce laws and regulate interstate commerce, sometimes on businesses that operate wholly within a state's borders.The existence of these clauses doesn't automatically render the States powerless; the US Supreme Court has struck down laws passed on the basis of either clause as unconstitutional. This was the primary source of disagreement between President Roosevelt and the Supreme Court in the 1930s.Article I, Section 8, 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."Article I, Section 8, Interstate Commerce Clause:"To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
The clause in the constitution that gives congress the right to make laws that are necessary and proper for carrying out listed powers is often called?
the elastic clause, because it has been used to expand the power of the federal government.
How does the elastic clause function?
The Elastic Clause gives Congress the freedom to do what they must to carry out its power. Two historic uses of the Elastic Clause came with the establishment of the National Bank and also with the Louisiana Purchase.
Which section of Article I sets limits on the power of Congress?
It limits congressional power that the powers Congress are to exercise are exclusively those specifically provided for in Article I. This has been interpreted to mean that Congress, and only Congress, is vested with the legislative power.
What part of the Constitution gives Congress the authority to stretch its power beyond what is in the Constitution?
Congress has no authority to exercise any power beyond the constitution. The 10th Amendment states, "The powers not delegated to the United States (congress) by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." Article 1 Section 8 specifically names the powers that have been granted to Congress. If it's not on the list, it's not constitutional.
The Framers added the Commerce Clause to the Constitution because of confusion caused by each state passing its own trade laws which had been allowed by?
The Articles of Confideration
Which amendment process is demonstrated in the legislation that has been passed by Congress under the necessary and proper clause?
informal amendment process
What prevents the federal government from using the supremacy clause to take all powers away from the states?
Congress is only able to take action using the Supremacy Clause if its actions are within an area in which Congress holds authority. If it doesn't have the authority, the Supremacy Clause is invalid. Intent also needs to be established. In other words, the law must have been created for the purpose of superseding the policy of the state.
