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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.
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 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
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.
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.
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.
Does implied powers within the us constitution give Congress too much power and grey areas to operate within?
No, in fact, it would be very difficult for Congress to get anything done without the implied powers. Many of the expressed powers of Congress are very specific, and the Constitution does not spell out how these powers may be used and enforced. The Necessary and Proper clause gives a bit more "wiggle room," if you will, and allows Congress to more easily use the powers outlined in the Constitution.
