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elastic clause
What else can I help you with?
What type of powers does the necessary and proper clause give to congress?
It gives congress the right to do "proper" things and carry out there duties.
In essence the ordinance power gives the President the right to do what kind of things?
The ordinance power gives the president the temporary right to make laws when necessary. This is an event that occurs generally when congress is not in session.
What clause gives congress the authority to perform acts not specifically stated in constitution?
Article I Section 8, the final paragraph. Congress has the right "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." Basically, this is called the "Necessary and Proper Clause," and it allows Congress to make any laws it deems necessary and/or proper. Kind of like a way Congress can just make any law and Congress can say, "well, it's necessary! It's proper! We're doing it!"
What power gives congress most creative avenues for expanding their powers?
The elastic clause. Better known as the necessary and proper clause, gives congress the power to stretch their law making abilities. For example, it is written that congress has a right to raise an army or navy. Because there were no planes back then there was no mention of an air force. But the elastic clause implies that congress has the power to make an air force
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.
What gives congress the right to declare war?
The Constitution.
How did the Supreme Court's decision in MucCulloch vs Maryland expand the power of the national government?
Most of the expressed powers of Congress are found in Article I, Section 8 of the US Constitution. While the powers are clearly stated, custom and usage has changed some of the powers. The last clause of that Article, the so-called elastic clause, is responsible for the modification of the powers of Congress. The clause gives Congress the right to "make all laws necessary and proper." It stretches the power of Congress. But, what do the words necessary and proper mean? The issue became part of the "strict" versus "loose" interpretation of the Constitution. In 1819 the Supreme Court addressed this problem in McCulloch v Maryland. The Court ruled in favor of a loose interpretation. This decision gave the Congress the power to make any laws that were necessary to carry out its expressed powers.
What power did the government gain from the elastic clause?
The elastic clause is not about the power of the constitution, rather, it gives the Legislative branch (or Congress) of the US government power to do whatever they feel is necessary and proper in order to carry out their constitutional duties. It's controversial because some people argue that it allows the Congress to "overstep their bounds" because of how vague it is. Others say that it doesn't give them any added power but instead gives them just what they need to accomplish their "already given" constitutional responsibilities.
Could the congress organize a national army?
Yes, Congress has the power to organize and maintain a national army under the Constitution. This power is explicitly granted to Congress in Article I, Section 8, Clause 12, known as the "Necessary and Proper Clause" or the "Elastic Clause." Therefore, if Congress deems it necessary, they can organize a national army.
What is the basis of the necessary and proper clause?
Nicknamed, "the Elastic Clause," the necessary and proper clause of the US Constitution is in Section 8 of Article 1. It gives Congress the right to make laws that might be needed in order to perform their given powers in the Constitution. An example would be making a national currency and/or bank to deal with their power of borrowing and coining money.
What grants Congress the right to create laws to deal with new or unexpected issues?
The United States Constitution grants Congress the ability to address laws. They work in conjunction with the House of Representatives and the President.
Why is an experiment necessary?
An experiment gives us proof that we are right.
