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The elastic clause, found in Article I, Section 8 of the U.S. Constitution, grants Congress the authority to make laws necessary and proper for executing its powers. This broad language allows for significant flexibility in interpreting congressional powers, leading to debates about the limits of federal authority. Critics argue that it can be used to justify overreach and expand government power beyond intended boundaries, while supporters contend that it is essential for adapting to changing needs and circumstances. This tension between federal and state authority fuels ongoing controversy over the scope of government action.
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What are the pro's and con's of the elastic clause?
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.
What are the pros and cons of the elastic clause?
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.
Who wrote the elastic clause?
the elastic clause was created so the government could make things that the constition did'nt allow. like the air force.
Where is the location of the elastic clause?
the elastic clause was created so the government could make things that the constition did'nt allow. like the air force.
What section of the United states constitution allows congress to expand powers not expressly covered in the constitution?
Article I, Section 8, Clause 18 - the so-called "elastic clause" or "necessary and proper clause."
What is the source of the elastic clause?
The founding fathers knew that they would not be ready for everything, so therefore they made a clause for which they could bend the rules a little bit.
What was added by the constitutional framers so that Congresses would have the authority to meet future needs?
The process of amending the Constitution in the future.
In the US Constitution does the elastic clause allow Congress to make all laws necessary and proper to carry out its expressed powers?
That is the purpose of the elastic clause, but the Supreme Court has limited its construction in certain ways, so it does not functionally allow Congress to make ALL laws necessary and proper, but MOST laws necessary and proper.
Thomas Jefferson thought the idea of implied powers because?
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
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.
How has the ruling of McCulloch vs. Maryland influence our world in the last 200 years?
It strengthened the elastic clause that Congress have rights beyond what is directly stated in the constitution so they could function
Is steel elastic?
Steel is not so elastic, but it definitely is elastic because of chemical composition.
