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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 is an implied power of the congress from the expressed power in Clause 4?
Article I, Section 8, Clause 18 of the US Constitution is often called the "Elastic Clause". It allows Congress to make laws that are considered "reasonable and necessary".
The elastic clause and the necessary and the proper clause?
The ''elastic clause" of congress would be the last paragraph in the 8th section of the constitution.It says:"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." This was often used by the "loose constructionists" or the federalists to do something not in the constitution, like create a national bank. The democratic-republicans were called ''strict constructionists" because they said the government could only create things like a bank if it was in the constitution.
Why has the necessary and proper clause often been called the elastic clause?
It is called the elastic clause because it is elastic, in a figurative sense, it is written in a way that as times change and things in the world are different, parts to the clause, and whole constitution its self can be changed. But remember that to actually change or edit the constitution takes a lot of political power, not just one person can decide that there should be another amendment.
Why is the national bank and example of loose constitution?
The national bank is often considered an example of a loose interpretation of the Constitution because its establishment was not explicitly outlined in the document. Proponents, like Alexander Hamilton, argued that the Necessary and Proper Clause allowed Congress to create institutions that support its enumerated powers, such as regulating currency and managing federal finances. This flexible approach contrasts with a strict constructionist view, which would limit the federal government to only those powers explicitly stated in the Constitution. Thus, the national bank exemplifies a broader interpretation of federal authority.
Another name for 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 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.
Powers of Congress not specifically listed in the Constitution are often justified under the?
necessary and proper clause
What is an implied power of the congress from the expressed power in Clause 4?
Article I, Section 8, Clause 18 of the US Constitution is often called the "Elastic Clause". It allows Congress to make laws that are considered "reasonable and necessary".
Why is the 'necessary and proper' classe also called the elastic clause?
The "necessary and proper" clause, found in Article I, Section 8 of the U.S. Constitution, is often called the elastic clause because it allows Congress to stretch its powers beyond those explicitly enumerated in the Constitution. This flexibility enables the legislative branch to adapt to changing circumstances and address new issues as they arise. By granting Congress the ability to make laws deemed necessary and proper for executing its enumerated powers, the clause effectively expands the scope of federal authority. This adaptability has led to significant interpretations and applications throughout U.S. history.
Has the Necessary and Proper Clause been used to expand or limit congressional power?
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
What has the power to makes laws that are necessary and proper?
The power to make laws that are necessary and proper is granted to Congress by the Constitution of the United States, specifically in Article I, Section 8. This clause, often referred to as the Necessary and Proper Clause or the Elastic Clause, allows Congress to enact legislation that is not explicitly outlined in the Constitution but is essential for carrying out its enumerated powers. This flexibility enables Congress to adapt to changing circumstances and address new challenges effectively.
The elastic clause and the necessary and the proper clause?
The ''elastic clause" of congress would be the last paragraph in the 8th section of the constitution.It says:"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." This was often used by the "loose constructionists" or the federalists to do something not in the constitution, like create a national bank. The democratic-republicans were called ''strict constructionists" because they said the government could only create things like a bank if it was in the constitution.
How is the necessary and proper clause related to federalism and states rights?
The Necessary and Proper Clause, found in Article I, Section 8 of the U.S. Constitution, grants Congress the authority to make laws deemed necessary to execute its enumerated powers, thereby expanding federal power. This clause is pivotal in the context of federalism as it allows the federal government to adapt and legislate in areas not explicitly outlined in the Constitution, often leading to tensions with states' rights. States may argue that this broad interpretation undermines their authority and autonomy, as federal laws can supersede state laws under the Supremacy Clause. Thus, the Necessary and Proper Clause plays a crucial role in balancing federal and state powers in the American political system.
What powers does the final clause give the house of representatives?
The final clause, often referred to as the "elastic clause" or "necessary and proper clause," grants the House of Representatives (and Congress as a whole) the authority to pass laws that are necessary and proper for executing its enumerated powers. This flexibility allows Congress to adapt to changing circumstances and address issues not explicitly outlined in the Constitution. Essentially, it empowers the House to legislate on a wide range of matters, providing a mechanism for congressional action beyond its specifically listed powers.
Why has the necessary and proper clause often been called the elastic clause?
It is called the elastic clause because it is elastic, in a figurative sense, it is written in a way that as times change and things in the world are different, parts to the clause, and whole constitution its self can be changed. But remember that to actually change or edit the constitution takes a lot of political power, not just one person can decide that there should be another amendment.
What does nessary and proper mean?
"Necessary and proper" refers to a constitutional provision that grants Congress the authority to enact laws deemed essential for executing its enumerated powers. This phrase appears in the Necessary and Proper Clause of Article I, Section 8 of the U.S. Constitution. It allows for flexibility in legislative action, enabling Congress to create laws that address contemporary issues even if those actions are not explicitly outlined in the Constitution. This clause is often cited in debates about the scope of federal authority.
