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The "elastic clause" is the colloquial term for Article I, Section 8 of the US Constitution that enumerates a list of specific powers granted Congress, including the power to borrow money, regulate commerce, create and value currency, enact tribunals inferior to the Supreme Court, declare war, establish and regulate the military, and a host of other things (see Related Links for the full text of Article I).
While this, alone, grants Congress enormous power, the controversial part of Section 8, Clause 18, also enables the legislature:
"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."
Because this paragraph is vague, it appears to empower Congress to take almost any action without establishing guidelines for the use or limitations of power, or specifics way of determining what makes particular actions "necessary."
Other terms that refer to Article I, Section 8, clause 18 are "Necessary and Proper Clause," "Basket Clause," "Coefficient Clause," and the "Sweeping Clause." These are all synonymous.
Many parts of the Constitution have descriptive names that refer to the purpose of specific provisions. For a more complete list, see the link "Popular Names of Constitutional Provisions" under Related Links, below.
What else can I help you with?
What power does the elastic clause give congress?
Elastic Clause: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers. The Elastic Clause allows future generations to expand the meaning of the Comstitution. Congress can take action on issues not to spelled out in the Constitution.
How does the elastic clause function?
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.
Define elastic clause?
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.
Can the congress use the elastic clause to increase tax rates?
The Elastic Clause does not give Congress the right to increase tax rates. However, it did allow them to print coin and paper money.
What is the elastic clause and why was it given this nickname?
Its called the elastic clause because it can be, and has been, STRETCHED (like elastic....) and used as an excuse to make a bunch of other laws that may or may not really be within the scope of the authority of Congress.
What give Congress the ability to do more than states in the constitution?
It is the Necessary and Proper Clause or General Welfare Clause which is also called implied powers of Congress.
What four power does the constitution give to the legislative branch?
Elastic clause money borrow money and tax, the government has money to give to us, borrow money which we are currently doing it china, and elastic Clause which is the statement that grants the congress the power to pass all laws
What power does the elastic cause give congress?
Elastic Clause: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers. The Elastic Clause allows future generations to expand the meaning of the Comstitution. Congress can take action on issues not to spelled out in the Constitution.
What type of powers does the necessary and proper clause give to congress?
It gives congress the right to do "proper" things and carry out there duties.
What type of powers does this clause establish?
You don't give the clause so there is no answer.
Does the costitutuion give cogress The power to declare war?
Yes, congress has the exclusive power to declare war.Article I, Section 8, Clause 11 of the United States Constitution, War Powers Clause
Does the elastic clause give extended power to the judicial branch of government?
The Elastic Clause significantly empowers the legislative branch, rather than the judicial branch. The clause is found in Article One of the U.S. Constitution.
