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…
What power from Article 1 Section 8 is the most important for Congress?
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; This clause grants Congress one of its most important powers:
the power to declare war
.
What is the name of Article 1 Section 8?
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; ArtI. S8. C1.
What is Article I Section 8 Clause 3 and what is it called?
The Commerce Clause
refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
What does the last clause of Section 8 of Article 1 mean it is called the Elastic Clause or Necessary and Proper Clause )?
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
. In other words, Congress may do whatever is “necessary and proper” to do its job.
What is Article 1 Section 7 of the Constitution about?
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 does Article 1 Section 8 Clause 18 say?
Article I, Section 8, Clause 18: [
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.
What is Article I generally about?
Article One of the United States Constitution
establishes the legislative branch of the federal government
, the United States Congress. … Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers.
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 Article 1 Section 10 prevent states from doing?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of Contracts, or grant any Title
…
What are the 18 enumerated powers?
- Power to tax and spend for the general welfare and the common defense.
- Power to borrow money.
- To regulate commerce with states, other nations, and Native American tribes.
- Establish citizenship naturalization laws and bankruptcy laws.
- Coin money.
What are the 17 enumerated powers?
- army. To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
- bankruptcy & naturalization. …
- 2 borrow. …
- coin. …
- commerce. …
- courts. …
- counterfeit. …
- DC.
What are expressed powers?
Delegated (sometimes called enumerated or expressed) powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes
the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office
.
Why is Article 1 Section 8 called the elastic clause?
The final 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.” This provision is known as the elastic clause because
it is used to expand the powers of Congress
, especially when national laws come into …
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.
What is another name for the 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.
