Explain the necessary and proper clause and why it is often referred to as the “elastic clause.” (Massachusetts Curriculum Framework for History and Social Studies) [8.T5.1] Show
 FOCUS QUESTION: What is the Role of 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 ... 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." Legal scholars have called it the "single most important provision in the Constitution" (The Necessary and Proper Clause). There is an inherent tension between the necessary and proper clause and the 10th Amendment. While the necessary and proper clause states Congress can make the laws needed to carry out its Constitutional functions, the 10th Amendment states powers not delegated to the federal government are given to the states. As a result, there are ongoing disputes over which part of government (federal or state) has the power to take certain actions. You can learn more about the 10th Amendment in Topic 6.5 of this book. History of the Necessary and Proper ClauseIn writing the Constitution, the framers gave Congress both defined and assumed powers. "Defined" means specified and fixed powers. "Assumed" means that Congress may enact any law that can be seen as: 1) necessary; 2) proper; and 3) carries out federal power (McDaniel, 2019). You can read text and commentary about the Necessary and Proper Clause from National Constitution Center's Interactive Constitution website. Reviewing the origins of the necessary and proper clause, Doug Linder of the University of Missouri-Kansas City School of Law explained that Alexander Hamilton and Thomas Jefferson had sharply opposing views about the clause and its uses. Hamilton who favored a strong central government saw the elastic clause as a broad license to act whenever needed. Jefferson who wanted a smaller, more limited federal government, thought this power should be used only when absolutely necessary. Still, Linder notes, it was Jefferson who authorized the Louisiana Purchase even though he was not sure he had the power to do so. Uses of the necessary and proper clause during the 20th Century are listed on its Wikipedia page, including the Federal Kidnapping Act of 1932 which made transporting a kidnapped person across state lines a federal crime under the Constitution's Commerce Clause. In Printz v. United States (1997), the Supreme Court ruled that requiring states to follow federal gun registration rules was not proper it because it infringed on the powers of states. In the 2012 case National Federation of Independent Business v. Sebelius, the Supreme Court said Congress could not use the necessary and proper clause to justify the individual mandate feature of the Affordable Care Act (also known as Obamacare). You can learn more about the enumerated and implied powers of government in Topic 6.3 of this book. Suggested Learning Activities
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Why is the Necessary and Proper Clause a source of ongoing debate? Congress cannot agree on how broad its implied powers should be. The wording of the clause is often undergoing revision. The clause deals with specified powers that are ambiguous and misinterpreted. View complete answer on quizlet.com What is the Necessary and Proper Clause and why is it important quizlet?The Necessary and Proper Clause allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the [enumerated] Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."View complete answer on quizlet.com What statement about the Necessary and Proper Clause is accurate quizlet?What statement about the Necessary and Proper Clause is accurate? It is the source of implied powers. After a bill has been introduced, what happens next in the lawmaking process? It is reviewed in committee.View complete answer on quizlet.com Why is the Necessary and Proper Clause also called 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.View complete answer on study.com Which of the following is an accurate statement about the Necessary and Proper Clause?Which of the following is an accurate statement about the necessary and proper clause? The clause empowers Congress to act as required to carry out its expressed powers.View complete answer on quizlet.com What is Necessary and Proper for Congressional Power? [No. 86 LECTURE]Why is the necessary and proper clause important?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.View complete answer on law.justia.com When was the necessary and proper clause used?The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. Also known as the "elastic clause," it was written into the Constitution in 1787.View complete answer on thoughtco.com Why is the Necessary and Proper Clause also called the elastic clause quizlet?Why is the Necessary and Proper Clause also called the Elastic Clause? It allows Congress to stretch or adapt its powers to accomplish its constitutional responsibilities.View complete answer on quizlet.com What is the significance of the Necessary and Proper Clause in Article I Section 8 quizlet?Why is the necessary and proper clause important? It is the basis for the extraordinary powers of Congress and the federal government in general. It gives congress authority to pass laws in order to carry out its duties.View complete answer on quizlet.com What is the Necessary and Proper Clause explain how this clause gives Congress flexibility in making laws?How does the necessary and proper clause give Congress the flexibility in lawmaking? It gives Congress the expressed powers to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution.View complete answer on quizlet.com What is the primary purpose of the Supremacy Clause?Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.View complete answer on law.cornell.edu Which statement about the law making process is accurate?Out of the given, the statement “A bill can have a second chance after a veto” is accurate about the law making process. A bill will have a second probability once a Veto is totally correct concerning the legislation method from the given statements.View complete answer on snapsolve.com Which statement best describes how the structure of the judicial branch affects its interpretation of the Constitution?Which statement best describes how the structure of the judicial branch affects its interpretation of the Constitution? The system of federal courts and a Supreme Court may give the judicial branch multiple opportunities to interpret the Constitution.View complete answer on quizlet.com Why is the Necessary and Proper Clause important in the development of the intergovernmental relationship over the past 120 years?The necessary and proper clause gives the federal government power to create laws that they deem “necessary and proper,” while the commerce clause gives the federal government power over interstate commerce.View complete answer on khanacademy.org What is the objective of the Necessary and Proper Clause in the McCulloch case?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.View complete answer on billofrightsinstitute.org What is the Necessary and Proper Clause elastic clause )? Quizlet?The Necessary and Proper Clause, also known as the "Elastic Clause," provides Congress with the authority to "make all laws which shall be necessary and proper for carrying into execution the [enumerated] powers, and all other powers vested by the Constitution in the government of the United States." In the landmark ...View complete answer on quizlet.com What is the Necessary and Proper Clause also known as?The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power...View complete answer on en.wikipedia.org What effect has the Necessary and Proper Clause had on the federal government quizlet?Necessary and proper clause gives Congress authority to enact any laws "necessary and proper" for carrying out any of its enumerated powers. These powers derived from enumerated powers and the necessary and proper clause are known as implied powers. The federal government can collect duties and excises.View complete answer on quizlet.com What effect could the Necessary and Proper Clause to the Constitution have on rights?What effect could the "necessary and proper clause" to the Constitution have on rights? It places restrictions on rights during times of emergency such as a natural disaster. It safeguards rights by denying the power to make laws that would restrict them.View complete answer on quizlet.com How is the Necessary and Proper Clause related to federalism and states rights quizlet?One cannot claim that the U.S., by granting Congress substantial power under the proper and necessary clause, became a unitary state where the central government retains all power and authority.View complete answer on quizlet.com Why is the Necessary and Proper Clause used for addressing social and environmental issues?Explain why the Necessary and Proper Clause is used for Addressing Social and Environmental Issues. Because society and the environment are constantly changing, i is unreasonable to constantly change the Constitution, so Congress uses the Necessary and Proper Clause to address new issues.View complete answer on quizlet.com What effect did the Supremacy Clause and Necessary and Proper Clause have on the nation?Instead of giving Congress additional powers, the Supremacy Clause simply addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself.View complete answer on constitutioncenter.org Why is the elastic clause controversial?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....View complete answer on study.com How did the Federalists defend the Necessary and Proper Clause?How did the Federalists defend the "Necessary and Proper" clause? It was needed to carry out the national government's powers. Which factor would Anti-Federalists most strongly support? Sharing the power between the state and federal government.View complete answer on quizlet.com What is the significance of the elastic clause quizlet?Why is the Elastic Clause so important to our Constitution? It gives Congress rights that without them they could not do their duties.View complete answer on quizlet.com |
Why is the necessary and proper clause a source of ongoing debate?
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