When has the elastic clause been used?

The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton’s formation of a National Bank. The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining.

What is an example of the elastic clause being used?

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.

How did Hamilton use the elastic clause?

Alexander Hamilton used the Elastic Clause to create the first National Bank. People argued that the constitution did not grant the power to create a bank, Hamilton noted that it was required in order to carry out taxation. Another great example of the use of the elastic clause would be the Louisiana Purchase.

Which is an example of how Congress has used its implied powers under the elastic clause?

Income Tax: While Article I gives Congress the broad specific power to “lay and collect Taxes,” Congress cited its implied powers under the Elastic Clause in passing the Revenue Act of 1861 creating the nation’s first income tax law.

How was the elastic clause used in Mcculloch v Maryland?

The Supreme Court, however, decided that the chartering of a bank was an implied power of the Constitution, under the “elastic clause,” which granted Congress the authority to “make all laws which shall be necessary and proper for carrying into execution” the work of the Federal Government.

How has the elastic clause been used in Congress?

Other powers, including the approval of presidential appointments, lie solely with the Senate. The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are “necessary and proper” for carrying out its duties.

What was elastic clause?

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.

How was the elastic clause used in McCulloch v Maryland?

What did Jefferson use the elastic clause for?

Both Jefferson’s and Hamilton’s arguments were based on the Constitution’s Preamble, the “elastic clause” (Article I, Section 8, clause 18), and Amendment X. The elastic clause gave Congress the right to make laws “necessary and proper” to carry out other powers given Congress.

How was the elastic clause used to create the National Bank?

Maryland (1819), the Supreme Court ruled that under the Necessary and Proper Clause Congress had the power to establish a national bank to carry out its powers to collect taxes, pay debts, and borrow money. Broad interpretation of the Elastic Clause has allowed expanded Congressional power.

What is elastic clause?

noun. 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.

How does the elastic clause expand the power of the legislative branch?

The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are “necessary and proper” for carrying out its duties.

What are other names for the elastic clause?

The Elastic Clause specifically states that Congress shall have the authority …. “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers …”. Other names for the Elastic Clause include the “Basket Clause,” the “Coefficient Clause,” and the “Sweeping Clause.”.

What is the elastic clause and its significance?

The “elastic clause,” the colloquial term for the “Necessary and Proper” clause of the U.S. Constitution, is important because the statement gives Congress power to enact laws needed to properly execute its enumerated powers, according to USLegal.

What are the facts about the elastic clause?

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.

Can you explain what the elastic clause is?

elastic clause. 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 .