What is the 18 elastic clause?
Asked by: Elizabeth Schmitt | Last update: November 2, 2025Score: 4.2/5 (18 votes)
What is the elastic clause in simple terms?
What is the Elastic Clause? The elastic clause, also known as the necessary and proper clause, is found in Article I, Section 8 of the U.S. Constitution. This clause grants Congress the authority to create laws essential for carrying out its enumerated powers.
What are the 18 powers of Congress?
- Lay and collect taxes to provide for the common defense and general welfare of the people.
- Borrow money.
- Regulate interstate commerce.
- Coin money.
- Establish post offices and roads.
- Promote the progress of science and the arts.
How does clause 18 of article 1 section 8 known as the elastic or the Necessary and Proper Clause affect the powers of Congress?
The Necessary and Proper Clause, which gives Congress power to make “all Laws which shall be necessary and proper for carrying into Execution” other federal powers, is precisely this kind of incidental-powers clause.
Why is article 1 section 8 clause 18 so controversial?
Anti-Federalists expressed concern that the clause would grant the federal government boundless power, but Federalists argued that the clause would permit only execution of powers that had been granted by the constitution.
The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series
What is the clause 18 of the Constitution simplified?
Clause 18 Necessary and Proper Clause
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.
What is Article I Section 8 clause 18 example?
Clause 18 makes that explicit. For example, the government could not collect taxes, enumerated in Clause 1 in Article 1, Section 8, without passing a law to create a tax-collecting agency, which is not enumerated. Clause 18 has been used for all sorts of federal actions including requiring integration in the states.
Why has clause 18 been named the elastic clause?
This 'necessary and proper' clause, then, allows the government to stretch beyond its literal description; that's why the clause is often nicknamed the elastic clause, since its flexibility allows the government to change and grow over time.
How do the elastic clause and supremacy clause affect the power of the national government?
The 18th power, known as the "elastic clause," gave Congress the authority "to make all laws that 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." The committee members also included a "supremacy ...
What does the elastic clause Article I Section 8 allow the federal government to do?
According to this provision of the Constitution, Congress can pass laws necessary for it to exercise its enumerated powers through the passage of "necessary and proper" legislation. Delegates at the 1787 Constitutional Convention called it the “sweeping clause.” Some also refer to it as the “elastic clause.”
What is the nickname for the Necessary and Proper Clause?
The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. Chief Justice Marshall's classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day.
What are the four powers denied to Congress?
Section 9 Powers Denied Congress
No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State.
When can the writ of habeas corpus be suspended?
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
What is considered the most important power Congress holds?
Congress writes and debates the laws that govern the United States, and it can override presidential vetoes. The Senate's advice-and-consent power over treaties and both chambers' important role in amending the Constitution also indicate the legislature's essential role in the nation's representative government.
What is the only crime defined in the Constitution?
Although there have been relatively few treason cases in American history, the Supreme Court has clarified what it means to "levy war" and provide "aid or comfort" to enemies. Treason is the only crime defined in the Constitution of the United States.
Why do some people disagree with the elastic clause?
Explanation: Some people argue that the elastic clause, also known as the necessary and proper clause, gives Congress too much power because they believe it allows the government to overstep its constitutional boundaries.
Can states ignore federal law?
Ableman found that the Constitution gave the Supreme Court final authority to determine the extent and limits of federal power and that the states therefore do not have the power to nullify federal law.
Why are titles of nobility prohibited?
The Framers' intentions for this clause were twofold: to prevent a society of nobility from being established in the United States, and to protect the republican forms of government from being influenced by other governments.
Does the 10th Amendment contradict the elastic clause?
Answer and Explanation:
While the Elastic Clause and the 10th Amendment to the Constitution do appear to conflict with each other, they are actually addressing different things. The Elastic Clause provides the federal government the ability it needs to pass laws related to its jurisdictional powers in the Constitution.
What is elastic clause in simple terms?
A quick definition of Elastic Clause:
This means that Congress can make laws that are not specifically listed in the Constitution, but are still needed to fulfill its duties. The Supreme Court has interpreted this clause to give Congress the power to pass any law that is reasonably related to its constitutional powers.
Which type of taxes is not allowable under the taxing power?
By the terms of the Constitution, the power of Congress to levy taxes is subject to but one exception and two qualifications. Articles exported from any State may not be taxed at all. Direct taxes must be levied by the rule of apportionment and indirect taxes by the rule of uniformity.
What is the clause 18 of the Constitution?
Article I, Section 8, Clause 18: [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.
Why is clause 18 called the elastic clause?
Magruder's American Government
The "necessary and proper" clause is also called the elastic clause because it enables Congress to stretch, or expand, its powers.
What powers are forbidden to Congress?
Section 9: Powers Denied Congress
No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State.
What is the only court mentioned in the Constitution?
Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it.