Q:

Why is the "elastic clause" called this?

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Quick Answer

The "elastic clause" has its name because it states that the United States Congress has the power "to make all laws which shall be necessary and proper," which refers to a loose jurisdiction. The term refers to Article I, Section 8 of the U.S. Constitution.

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Full Answer

The "elastic clause" is one of the most controversial clauses of the Constitution, since the implied powers granted to the Congress are not fixed. This means that over time, the powers of Congress have grown considerably. Because of the definition of "necessary and proper," the implied powers of Congress have been subject to endless political disagreements.

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Related Questions

  • Q:

    How does the Elastic Clause of the Constitution function?

    A:

    According to U.S. Legal, the Elastic Clause provides Congress with the power to pass laws that are necessary and proper for Congress to uphold its power. The Elastic Clause gives Congress implied powers, meaning powers that are not explicitly stated in the United States Constitution.

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  • Q:

    What is Article 1, Section 8, Clause 18 of the Constitution?

    A:

    Article 1, Section 8, clause 18 of the United States Constitution gives Congress power to make any laws considered "necessary and proper" for the nation. According to Wikipedia, this clause, often called the "Necessary and Proper" or the "Elastic" clause, is sometimes accused of giving too much power to Congress.

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  • Q:

    What is the purpose of the elastic clause?

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    The elastic clause, also called the necessary and proper clause, was intended to provide Congress with the necessary means of passing laws in the best interest of the nation. It also helps to organize the government by giving Congress influence over other branches of government.

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  • Q:

    What is the Supremacy Clause?

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    The Supremacy Clause is an article of the U.S. Constitution that establishes that both the federal constitution and federal laws have precedence over state laws and constitutions, according to the Legal Information Institution of Cornell University Law School. It is found in Article 7, section 2 of the Constitution.

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