Since it was not directly written on the constitution about buying or obtaining new lands, by purchasing the Louisiana Purchase, Thomas Jefferson used the idea of the elastic clause and the necessary and proper clause to justify his actions. Thomas Jefferson also stated that since it was the president's power to make treaties it is implied to obtain new lands
False
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!
ship
Louisiana sportsmen has a website listing used tractors for sale. A person could also check classified ads for people wanting to sell their farm equipment.
The United States got Louisiana from theLouisiana Purchase of 1803 when Thomas Jefferson the Third President of the United States was in office, originally Jefferson only wanted to buy the port of New Orleans, but France under the rule of Napoleon Bonaparte had lost their colony of Haiti and the one of the few reasons the French had held on to Louisiana was to supply Haiti. Another reason was, Louisiana being so far away from France Napoleon feared that he would not be able to defend it and he felt that it was better to have the Louisiana territory in American hands instead of the British. Also Napoleon Bonaparte at war with the superpowers of the the day Germany, Austrian Empire, Britain etc and he needed money to finance the war and he made the United States an offer they couldn't refuse asking only a few more million dollars than the Americans were offering for New Orleans alone. By making this deal Thomas Jefferson who supported the strict interpretation of the Constitution was sort of a hypocrite because he was against the elastic clause, even though he used it to obtain the Louisiana Purchase, for he feared if he waited for a Constitutional Amendment which allowed the government to acquire new lands Napoleon would no longer be interested.
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.
the Louisiana purchase was vital towards the expansion of the US so Jefferson used the elastic clause as justification for his purchase because a president doesn't have the right purchase territory. The elastic clause is pretty much implied powers. However, Jefferson was a man of his word and a man of the Constitution so it was debatable. But in the end his choice led to success for the US so its disregarded now. Source: I did a research paper on it
the elastic clause, because it has been used to expand the power of the federal government.
False
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.
Obama care
the elastic clause
ship
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!
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.
This is not necessarily a law, but the most common example of the "Elastic Clause" being used would have to be the First Bank of the United States. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. But with this Elastic Clause, Congress could do anything they deemed "necessary and proper" and thus they were allowed to create this charter. This is not necessarily a law, but the most common example of the "Elastic Clause" being used would have to be the First Bank of the United States. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. But with this Elastic Clause, Congress could do anything they deemed "necessary and proper" and thus they were allowed to create this charter.
capable of resuming original shape after stretching or compression; springy; "an elastic band"; "a youthful and elastic walk" rubber band: a narrow band of elastic rubber used to hold things (such as papers) together able to adjust readily to different conditions; "an adaptable person"; "a flexible personality"; "an elastic clause in a contract" a fabric made of yarns containing an elastic material Lauren =]