The Elastic Clause does not specify all powers of the government, but grants Congress the ability to perform acts using other powers not expressly enumerated in the Constitution. Many parts of the Constitution have descriptive names that refer to the purpose of specific provisions. The elastic clause is also known as the 'Necessary and Properclause. Clause 18 makes that explicit. This same case alsodecided that States could not tax national entities doing businessin that specific state because national powers are supreme overthat of the states', clearly trampling on states' rights. But after he became president, he used the Necessary and Proper clause to take on a huge amount of debt for the country when he decided to complete the, realizing that there was a pressing need to purchase the territory.
Opponents objected to the 18th clause saying it was evidence that the Federalists wanted unlimited and undefined powers. The phrase is not limited to such measures as are absolutely necessary, but inc … ludes all appropriate means that are conducive to the end to be accomplished, and which in the judgment of Congress, will most advantageously effect it. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as outlined in the Constitution. Supreme Court voted unanimously that Congress had the power to establish the bank, and that Maryland did not have the power to tax it. List of Enumerated Powers No. Four examples of the Elastic Clause are Congress creating taxes, declaring war, issuing money and balancing states' rights with the power of the federal government. On the other hand, Jefferson was concerned about vesting too much power in any one branch of government.
When the constitution was first drafted or even conceived, there was clearly a need to keep provisions that would pave the way for making new laws as and when they were necessary. The Necessary and Proper Clause isthat Congress shall have Power to ma … ke all Laws which shall benecessary and proper for carrying into Execution the foregoingPowers, and all other Powers vested by this Constitution in theGovernment of the United States, or in any Department or Officerthereof. 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. According to the , the document that preceded the Constitution, each state is allowed to maintain its independence and the powers afforded to it, and is protected from any potential abuse of Congressional power. The Elastic Clause, also called the Necessary and Proper Clause, grants Congress the ability to perform several duties essential to the operation of the United States, including having oversight in issues of domestic and international affairs. Be sure to check out the complete Constitution for Dummies Series Follow me on Twitter HipHughes www.
Hamilton countered that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds, claiming the clause applied to activities reasonably related to constitutional powers, not just those that were absolutely necessary to carry out said powers. Inflation in the years following the compelled President James Madison and Congress to establish a new national bank, which was chartered in 1816. The Supreme Court has broadly interpreted this clause for the purpose of granting Congress the implied power to enact any law that is reasonably designed to achieve an express constitutional power. Link to this page: Necessary and Proper Clause Holland 14 had long ago established two propositions: first, that the United States has constitutional authority to enter into treaties relating to matters not falling within Congress's enumerated powers; 15 and second, that in the event such a treaty is non-self-executing and requires statutory implementation, Congress can--if it would not otherwise possess the authority to adopt such a statute--rely on the Necessary and Proper Clause. Their directors sought assistance from their state legislatures to restrict the operations of the Bank of the United States.
Interpretation of the clause was a debatable subject that led to an argument between the Secretary of the Treasury Alexander Hamilton and the Secretary of State Thomas Jefferson. The clause is not a grant of power but a declaration that Congress possesses all the means necessary to carry out its specifically granted powers. The Elastic Clause gives Congress essential responsibilities, such as creating money, which impacts citizens and businesses on a daily basis. Essentially, loose constructionists believe that anything is fair game when Congress is trying to exercise an enumerated power, while strict constructionists, as their name would suggest, believe that tighter restrictions should be placed on how far Congress can extend its reach. At first, this question might seem inconsequential, but underlying it are larger questions that go to the foundations of constitutional interpretation.
The interpretation by Thomas Jefferson would have strengthened the State's Right. The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying in … to 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. Other issues referring to Clause 18 include whether the federal government can hold sex offenders past the ends of their terms for the protection of the public; whether the government can charter corporations to get a project such as an interstate bridge completed; and when the federal government can take a criminal from a state court to try him or her in a federal court. His view would have authorized Congress to exercise a broad range of implied powers. The correct way to interpret the Necessary and Proper Clause was the subject of a debate between Secretary of the Treasury and Secretary of State. The government received this power, said Marshall, through the Necessary and Proper Clause. Some members of Congress argued that it unfairly gave Congress unlimited powers, which defeated the purpose of the U.
History of the Elastic Clause The history of the Elastic Clause is a contentious one at best. Congress created the charter that would go to establish the Bank of the United States and some politicians protested against this charter stating that Congress did not have the authority to create the Bank of the United States. The issue at hand was whether the United States had the power to create the Second Bank of the United States, which had not been expressly enumerated in the Constitution. The Court held that the state of Maryland could not undermine an act of Congress. The 'sweeping clause' should only be extended to the enumerated powers. According to Jefferson, 'necessary' meant 'essential'.
That is why the powers derived from the Necessary and Proper Clause are referred to as implied powers. It sets forth the specific powers granted to Congress, called enumerated or expressed powers. While these powers raise some issues on the authority of Congress to act or not act on certain issues, delegated powers do not. In the 2005 court case , the Supreme Court rejected California's challenge to federal drug laws banning marijuana. One such provision is the necessary and proper clause. President Bush used theelastic clause to pass the No Child Left Behind Act by putting itunder the power to declare war.
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. Despite this quality Jefferson knew that inorder to get the Purchase it would have to be done through anexecutive order in fear that the Congress would not pass theproposal. Madison heavily supported astrong National Government, and a bank would insure this power, atleast in his mind. Enumerated powers allow Congress to make decisions that affect the health, safety and well-being. It was argued that the Elastic Clause gave Congress thepower to establish a National Bank to hold the money. Constitution, to give broader powers to the federal government. Quite recently the elastic clause was used.