What is the purpose of the Elastic Clause?

Answer 1

This is called the elastic clause. Its purpose is to make sure Congress has the needed authority to enact the above Constitutional powers, and is one of excuses they use to make a bunch of other laws that may or may not really be within the scope of their authority. The primary example used in texts and other sources is James Madison and the National Bank. Madison heavily supported a strong National Government, and a bank would insure this power, at least in his mind. However, the Constitution made no such provision for the bank, or did it?

The Elastic Clause gives the National Government to set forth any law or action that is "necessary and proper." When the case of the National bank reached the supreme court (McCulloch v Maryland) the Court ruled that it was necessary and proper. This same case also decided that States could not tax national entities doing business in that specific state because national powers are supreme over that of the states', clearly trampling on states' rights.

Another example is Thomas Jefferson and the Louisiana Purchase. Jefferson was the opposite of Madison in that he supported states' rights with a passion. Despite this quality Jefferson knew that in order to get the Purchase it would have to be done through an executive order in fear that the Congress would not pass the proposal. So, Jefferson put his beliefs aside and made the purchase using the elastic clause; it was "necessary and proper." Thankfully the nation, generally, agreed with his decision.

Quite recently the elastic clause was used. President Bush used the elastic clause to pass the No Child Left Behind Act by putting it under the power to declare war. Bush and his administration agreed that if we were to declare war that our children, later becoming adults, would need to be adequately educated. I trust this will help!

Answer 2

The purpose of the 'Elastic Clause' in the Constitution is to stretch or expand the powers of Congress to fit situtations not thought about by the founders. Issues like the internet, space travel, steriods use, etc are not covered in the original Constitution but are considered 'necessary and proper' subjects for Congress to deal with today. Thus, the elastic clause allows Congress to deal with these issues.