The Elastic Clause, also referred to as the Necessary and Proper Clause, is a provision in the United States Constitution that grants Congress the authority to enact laws that are essential and suitable for executing its powers. This implies that Congress can establish laws that are not explicitly mentioned in the Constitution, but are still required to fulfil its responsibilities. The Supreme Court has interpreted this clause to empower Congress to pass any law that is reasonably connected to its constitutional powers.
The Elastic Clause, also referred to as the Necessary and Proper Clause, is a provision in the United States Constitution that grants Congress the authority to create laws that are deemed “necessary and proper” for executing its enumerated powers. For instance, if Congress possesses the ability to regulate interstate commerce, it can utilise the Elastic Clause to enact laws that are essential and appropriate for overseeing such commerce, such as legislation establishing safety regulations for commercial vehicles. The Supreme Court has broadly interpreted the Elastic Clause, granting Congress the implied power to pass any law that is reasonably designed to accomplish an explicit constitutional power. Consequently, Congress possesses significant flexibility in utilizing the Elastic Clause to pass laws that are necessary and proper for executing its powers.
The Elastic Clause, also known as the Necessary and Proper Clause, is a provision in the United States Constitution that grants Congress the power to pass any laws necessary and proper for carrying out its other powers and duties.
The purpose of the Elastic Clause is to give Congress the flexibility to adapt to changing circumstances and to ensure that the federal government has the power to carry out its responsibilities effectively.
Some examples of laws passed under the Elastic Clause include the creation of the Federal Reserve System, the establishment of the Interstate Commerce Commission, and the enactment of the Affordable Care Act.
No, the Elastic Clause is not a blank check for Congress to pass any law it wants. The law must still be related to one of Congress’s other powers or duties, and it must be necessary and proper for carrying out that power or duty.
Yes, the Elastic Clause has been used to expand the powers of the federal government beyond what is explicitly stated in the Constitution. However, this has been a subject of debate and controversy throughout American history.
No, the Elastic Clause is a grant of power to the federal government, not a restriction on its power.
Yes, the Elastic Clause can be used to override state laws if they conflict with federal laws that are necessary and proper for carrying out a federal power or duty.
No, the Elastic Clause cannot be used to limit individual rights. Any law passed under the Elastic Clause must still comply with the Bill of Rights and other constitutional protections for individual rights.
No, the Elastic Clause is a provision in the Constitution and can only be amended or repealed through the formal amendment process outlined in the Constitution.
Yes, the Elastic Clause has been the subject of numerous court cases throughout American history, including landmark cases such as McCulloch v. Maryland and United States v. Comstock.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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