What is the elastic clause for dummies?

Asked by: Dr. Selmer Kassulke Jr.  |  Last update: January 29, 2024
Score: 4.2/5 (52 votes)

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.

What is the elastic clause in simple terms?

The Elastic Clause gives Congress implied powers necessary and proper to execute its enumerated powers. For example, the Constitution specifically allows Congress to collect taxes but does not mention the creation of a National Bank.

What does the elastic clause actually do?

a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

What is an example of the elastic clause?

For example, the Constitution mentions several federal departments and offices, but it does not list any delegated powers that would allow Congress to create these departments and staff these offices. Another example is where the government has expressed powers to make treaties.

How do you use elastic clause in a short sentence?

Elastic clause in a Sentence

1. Because of the elastic clause, the government can hire postal workers even though it's not directly in the constitution. 2. The constitution's elastic clause lets congressmen pass laws that help our country run smoother.

The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series

31 related questions found

How do you use clause in a simple sentence?

noun. The sentence "When it rained they went inside" consists of two clauses: "when it rained" and "they went inside."

What clause is in a simple sentence?

A simple sentence is made up of only one independent clause. An independent clause is a group of words that contains a subject and a predicate and forms a complete thought when standing alone. The subject refers to someone or something (the subject contains at least one noun or pronoun).

What case used the Elastic Clause?

The First "Elastic Clause" Supreme Court Case

The first such major Supreme Court Case to deal with this clause in the Constitution was McCulloch v. Maryland (1819).

What is an example of the necessary and proper Elastic Clause?

Necessary and Proper Clause Definition
  • Collect taxes.
  • Pay off debts.
  • Borrow money.
  • Regulate interstate commerce (see the Commerce Clause)
  • Coin money.
  • Establish post offices.
  • Punish piracy and crimes committed at sea.
  • Create a military.

What are two other names for the Elastic Clause?

47 (2014) ( [The Framers] referred to the last clause of Article I, Section 8 as the 'Sweeping Clause. ' ). The terms Elastic Clause, Basket Clause, and Coefficient Clause are also occasionally used to refer to this provision.

Is the Elastic Clause good or bad?

The Elastic Clause is controversial because of the way it is formulated. It gives Congress a series of powers to allow it to pass legislation. However, these powers are not clearly stated. This means that it is possible that Congress can choose to apply powers that are against the Constitution.

Why is the Elastic Clause so powerful?

But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. Also known as the Elastic Clause, this phrase allowed Congress to stretch its enumerated powers a bit to fit its needs.

How does the Elastic Clause play a role in shaping our laws?

The "elastic," or implied powers, clause gives Congress the authority to pass laws it deems "necessary and proper" to carry out its enumerated functions. Many Congressional powers that have evolved over the years are based on this important clause.

Why is it called the elastic clause quizlet?

Often called the "Elastic Clause," this clause allows Congress to "stretch" its powers to make laws that were needed to carry out the powers enumerated in the Constitution.

What is the purpose of the elastic clause in the Constitution quizlet?

Also called the Elastic Clause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution. In doing so, Congress has given itself implied powers not mentioned in the Constitution. It has argued that these implied powers are needed to fulfill its other duties.

What are 3 examples of implied powers?

In addition to these expressed powers, the United States Congress has established its implied power to do the following:
  • Create a national bank.
  • Establish a federal minimum wage.
  • Establish a military draft.
  • Create gun control laws in some cases.

What is the necessary and proper Elastic Clause simplified?

The Necessary and Proper Clause enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims, whether asserted by the government itself or by private persons.

Is the Elastic Clause the same as the Necessary and Proper Clause?

The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. Article 1, Section 8, Clause 18 of the Constitution reads: "The Congress shall have Power ...

Who favored the elastic clause?

Those who supported Alexander Hamilton's aggressive fiscal policies formed the Federalist Party, which later grew to support a strong national government, an expansive interpretation of congressional powers under the Constitution through the elastic clause, and a more mercantile economy.

Who attacked the elastic clause?

Antifederalists bitterly attacked the elastic clause, which allowed Congress to make laws considered necessary for the carrying out of its expressed powers, as an unlimited and dangerous grant of power to the national government.

What was the first Supreme Court case to address the elastic clause?

McCulloch v. Maryland (1819) is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers derived from those listed in Article I, Section 8. The “Necessary and Proper” Clause gave Congress the power to establish a national bank.

What is an example of clause for kids?

', let's look at an example: The fast, red squirrel darted up a tree. The subject of this clause is the squirrel, and the verb is 'darted'. This can also be called a simple sentence.

What are 10 examples of clause?

Example:
  • I graduated last year. (One clause sentence)
  • When I came here, I saw him. (Two clause sentence)
  • When I came here, I saw him, and he greeted me. (Three clause sentence)

What is a clause for dummies?

A clause is a group of words that contains both a subject and a predicate. Charlie runs. There's a subject; there's a predicate. It's a clause. Charlie eats a shoe.