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Congress uses the commerce clause of the Constitution, found in Article I, Section 8, to regulate interstate and foreign commerce. This clause grants Congress the power to enact legislation that impacts economic activity across state lines, ensuring a consistent regulatory framework. It has been the basis for significant Federal Laws, including those governing trade, transportation, and labor relations. Through this authority, Congress can address issues that affect the economy on a national scale.
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Use elastic clause in a sentence?
The elastic cause is another name for the Necessary and Proper Clause that is found in Article One of the U.S. Constitution. "The elastic clause gives Congress powers found in no other part of the Constitution."
What was the final ruling of the Gonzales v. Raich case?
The final Supreme Court ruling of the Gonzales v. Raich case in 2005 was that Congress may ban the use of marijuana even where states approve its use for medicinal purposes. The Supreme Court's support came from the Commerce Clause in the United States Constitution, which allows the U.S. Congress "to regulate commerce...among the several states."
What is the clause congress use to get more power?
The elastic clause is the clause that Congress uses to get more power.
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.
What section did Hamilton use of the Constitution to defend the bank?
Alexander Hamilton defended the establishment of the First Bank of the United States by referencing the Necessary and Proper Clause of the Constitution, found in Article I, Section 8. He argued that this clause granted Congress the authority to create a bank as a means to carry out its enumerated powers, such as regulating commerce and managing national finances. Hamilton believed that the bank was essential for the effective functioning of the government and the economy.
Is the necessary and proper clause formal or informal amendment process?
Neither. The Necessary and Proper Clause is part of the original Articles of the US Constitution (Article I, Section 8, Clause 18), so it's not an amendment, but is a formal part of the US Constitution. When use of the Necessary and Proper clause is expanded beyond the justifiable reach of Congress, that would be considered an informal amendment process.
What is the important function of the elastic clause?
The so-called elastic clause (or "necessary and proper clause" was intended to allow the Congress to make the laws needed to carry out the powers enumerated in Article I, section eight of the Constitution and certain other parts of the Constitution. Like the "General Welfare" clause, it was not an unlimited, infinitely stretchable phrase, but was limited by what powers were actually delegated to the Congress and the government of the US by the Constitution. The Amendment process included in Article V of the constitution was the sole means the founding fathers intended that the people or the federal government, could use to change any part of the Constitution, including giving any powers to the government that it did not already possess under the constitution. Much of today's legislation is, therefore, totally unconstitutional.
What restrictions does the Constitution places on Congress in establishing the Presidents salary?
The Presidents salary cannot be increased or decreased at any time during his term. This is to ensure that Congress does not use the Presidents salary as a bargaining tool to influence executive decisions. Constitution Article 2 Section1 Clause 7
How has the necessary and proper clause expanded federal power?
The 'necessary and proper' clause is an expressed power that gives way to an implied power. The federal government to use it to justify acts that are not specifically sanctioned in the Constitution.
What clause gives congress the authority to perform acts not specifically stated in constitution?
Article I Section 8, the final paragraph. Congress has the right "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." Basically, this is called the "Necessary and Proper Clause," and it allows Congress to make any laws it deems necessary and/or proper. Kind of like a way Congress can just make any law and Congress can say, "well, it's necessary! It's proper! We're doing it!"
What part of the constitution does Andrew Hamilton use for his argument for national bank?
According to The supreme Court in McCulloch v. Maryland (1819) said that Article I, Section 8. The "Necessary and Proper" Clause gave Congress the power to establish a national bank.
What power did Congress use to create a National Bank in the 1800s?
Congress created a National Bank in the 1800s using the implied powers granted by the Necessary and Proper Clause of the Constitution. This clause allows Congress to enact laws that are necessary to carry out its enumerated powers, such as regulating commerce and managing finances. Supporters argued that a national bank was essential for stabilizing the economy and providing a uniform currency, while opponents questioned its constitutionality. Ultimately, the establishment of the First Bank of the United States in 1791 illustrated the debate over federal versus state authority and the interpretation of federal powers.
