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.
What is another name for Necessary and Proper Clause?
The Necessary and Proper Clause, sometimes called
the “coefficient” or “elastic” clause
, is an enlargement, not a constriction, of the powers expressly granted to Congress. Chief Justice Marshall's classic opinion in McCulloch v. Maryland
1845
set the standard in words that reverberate to this day.
What type of power is given to Congress through the Necessary and Proper Clause?
The Necessary and Proper Clause, which gives Congress power to make “
all Laws which shall be necessary and proper for carrying into Execution
” other federal powers, is precisely this kind of incidental-powers clause.
Who said to make all laws which shall be necessary and proper for carrying into execution the foregoing powers?
The last paragraph of Article I, Section 8 grants to Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers”–the “Necessary and Proper Clause.” The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such …
What is the Necessary and Proper Clause in simple terms?
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.” (Article I, Section 8, Clause 18).
What is Article 1 Section 8 of the Constitution?
The
Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises
, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; 1 Taxing Power. …
Which clause gives Congress the most flexibility?
The last paragraph grants to Congress the flexibility to create laws or otherwise to act where the Constitution does not give it the explicit authority to act. This clause is known as
the Necessary and Proper Clause
, although it is not a federal power, in itself.
What is the importance of Article 1 Section 8 clause 18?
Article I, Section 8, Clause 18 allows the Government of the United States 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.”
What does the Article 1 Section 7 of the Constitution explain?
Article I, Section 7 of the Constitution
creates certain rules to govern how Congress makes law
. Its first Clause—known as the Origination Clause—requires all bills for raising revenue to originate in the House of Representatives. … Any other type of bill may originate in either the Senate or the House.
What is the necessary and proper clause AP Gov?
A clause in the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has
the right to make all laws necessary and proper to carry out all powers
the Constitution vests in the national government.
What are some examples of implied powers?
- The U.S. government created the Internal Revenue Service (IRS) using their power to collect taxes.
- The minimum wage was established using the power to regulate commerce.
- The Air Force was created using their power to raise armies.
What power does the Take Care clause give the President?
The Recommendation Clause requires the president to recommend measures s/he deems “necessary and expedient.” The Take Care Clause requires
the president to obey and enforce all laws
, though the president retains some discretion in interpreting the laws and determining how to enforce them.
Which is an implied power of the federal government?
In the United States federal government, the term “implied powers” applies to those powers exercised by Congress that are not expressly granted to it by the Constitution but
are deemed “necessary and proper”
to effectively execute those constitutionally granted powers.
What are two of Congress's most important legislative powers?
The most important powers include
the power to tax, to borrow money
, to regulate commerce and currency, to declare war, and to raise armies and maintain the navy. These powers give Congress the authority to set policy on the most basic matters of war and peace.
What is Necessary and Proper Clause quizlet?
the necessary and proper clause allows
congress the ability to make laws or to act where the constitution doesn't give it authority to act
. … This clause states that if the federal government uses any powers written in the constitution, that it will rule over any state power.
What does Article 1 Section 8 clause 17 of the Constitution mean?
(Clause 17 – Enclave clause)
This clause
enables Congress to govern the District of Columbia
. Congress has now delegated that power to a locally elected government, subject to federal oversight. Congress also governs forts, arsenals, and other places obtained from the states for the federal government's purposes.
