The exact text of the Elastic Clause (also known as the Necessary and Proper Clause) is: "The Congress shall have Power ... 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."
Therefore, a strict interpretation of the Elastic Clause would mean that Congress could pass any laws out of their list of enumerated powers.
The connection between the national bank and the elastic clause lies in the interpretation of the Constitution's powers. The elastic clause, found in Article I, Section 8, allows Congress to make laws that are necessary and proper for executing its enumerated powers. Supporters of the national bank, particularly Alexander Hamilton, argued that the bank was essential for managing the nation's finances and promoting economic stability, thus justifying its creation under the elastic clause. This interpretation emphasized a broad understanding of federal powers, contrasting with strict constructionists who opposed the bank on constitutional grounds.
elastic clause
Strict constructionists view the elastic clause, or the Necessary and Proper Clause, with skepticism, believing that it should be interpreted narrowly. They argue that the federal government should only exercise powers explicitly granted by the Constitution, avoiding any expansion of federal authority through broad interpretations of the elastic clause. This perspective emphasizes a limited government and a strict adherence to the Constitution's text to prevent overreach. Consequently, strict constructionists advocate for a clear distinction between state and federal powers, ensuring states retain significant authority.
It is called Elastic Clause because it can be stretched like elastic.
It can be changed by the three ideas of Flexibility: The Elastic Clause, The Amendment Process, and Judicial Interpretation.
Essentially, Hamilton believed in a loose interpretation of the Constitution and used a loose interpretation to support a strong Federal Government and Jefferson believed in a strict interpretation, and was in favor of a not so strong Federal Government with more power and rights being given to the States. The stem of much of their disagreement was their interpretations of the Elastic, or Necessary and Proper clause of the Constitution (Article 1 Sec. 8 Clause 18).
The Elastic clause.
Another name for the Elastic Clause is the Necessary and Proper Clause.
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elastic clause
Article I, Section 8 is not called the Elastic Clause. The Elastic Clause is part of that Section, contained in its last paragraph.
the elastic clause helps to protect our natural rights by allowing the government to adjust to a national crysis. However, the elastic clause is not very specific, and so really anything can be deemed "necessary and proper" as the elastic clause goes, so the elastic clause on the other hand can actually violate our rights as well. It all depends on how it is interpreted.