Implied powers come from the Constitution’s “Elastic Clause,” which grants
Congress power to pass any laws considered “necessary and proper” for effectively exercising its “enumerated” powers
. Laws enacted under the implied powers doctrine and justified by the Elastic Clause are often controversial and hotly debated.
a statement in the U.S. Constitution (Article I, Section 8)
granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers
.
How are enumerated powers related to the elastic clause quizlet?
those powers that congress requires in order to execute its enumerated powers
. which gives congress the means to execute its enumerated powers. this is the basis for congress implied powers also called the elastic clause.
What are enumerated powers quizlet?
Definition: Enumerated powers are
powers of the federal government that are specifically addressed in the Constitution
; for Congress, including the powers listed in Article I, Section 8, for example, to coin money and regulate its value and impose taxes. … Can place regulations on food, drugs, highways, air, and water.
What are enumerated powers clauses?
These included:
to lay and collect taxes
; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy.
What is the elastic clause in simple terms?
noun. a statement in the U.S. Constitution (Article I, Section 8)
granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers
.
What is an example of elastic clause?
When the issue of whether the federally-chartered bank could be taxed by the state, the U.S. Supreme Court voted unanimously that
Congress had the power to establish the bank, and that Maryland did not have the power to tax it
. … This is one of many examples of the Elastic Clause working in Congress’ favor.
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 are 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.
Which came out of the implied powers of the Constitution quizlet?
The source of these powers is
Article I, Section 8, Clause 18
. This clause says that Congress has the power to do whatever is “necessary and proper” to carry out its expressed powers. The powers that Congress has because of Clause 18 are called implied powers.
What is Necessary and Proper Clause and why is it 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.
What’s 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.
Is the elastic clause a good idea?
The U.S. government’s ability to adapt to changing times lies within the elastic clause. The elastic clause is actually the ‘necessary and proper’ clause found in Article I, Section 8, of the U.S. Constitution. The elastic clause
grants the government implied powers which allows it to adapt to modern needs
.
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….
When was the elastic clause used?
Also known as the “elastic clause,” it was written into the Constitution in
1787
. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton’s formation of a National Bank.
