The elastic clause

Political interpretation[ edit ] There are differences of opinion on whether current interpretation of enumerated powers as exercised by Congress is constitutionally sound. One school of thought is called strict constructionism. Strict constructionists refer to a statement on the enumerated powers by Chief Justice Marshall in the case McCulloch v. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now universally admitted.

The elastic clause

Thus, the Continental Congress had no powers incidental to those which were "expressly delegated" by the Articles of Confederation. While Anti-Federalists expressed concern that the clause would grant the federal government boundless power, Federalists argued that the clause would only permit execution of power already granted by the Constitution.

Alexander Hamilton spoke vigorously for this second interpretation in Federalist No. At the Virginia Ratifying ConventionPatrick Henry took the opposing view, saying that the clause would lead to limitless federal power that would inevitably menace individual liberty.

The first practical example of this contention came inwhen Hamilton used the clause to defend the constitutionality of the creation of the First Bank of the United Statesthe first federal bank in the new nation's history.

Concerned that monied Northern aristocrats would take advantage of the bank to exploit the South, Madison argued that Congress lacked the constitutional authority to charter a bank.

The elastic clause 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.

Eventually, Southern opposition to the bank and to Hamilton's plan to have the federal government assume the war debts of the states was mollified by the transfer of the nation's capital from its temporary seat in Philadelphia to a more southerly permanent seat on the Potomac, and the bill, along with the establishment of a national mint, was passed by Congress and signed by President Washington.

Maryland[6] wherein the state of Maryland had attempted to impede the operations of the Second Bank of the United States by imposing a tax on out-of-state banks, of which the Second Bank of the United States was the only one.

The court ruled against Maryland, and Chief Justice John MarshallHamilton's longtime Federalist ally, wrote the opinion, which stated that while the Constitution did not explicitly give permission to create a federal bank, it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers.

The case reaffirmed Hamilton's view that legislation reasonably related to express powers was constitutional. We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people.

Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.

The court in McCulloch v. Maryland [6] held that federal laws could be necessary without being "absolutely necessary", and noted that "The clause is placed among the powers of Congress, not among the limitations on those powers. Madisondeclaring that it had the power to strike down laws that departed from those powers: It purports to be an additional power, not a restriction on those already granted.

For instance, various reforms involved in the New Deal were found to be necessary and proper enactments of the objective of regulating interstate commerce. Maryland in American jurisprudence can be seen in cases generally thought to simply involve the Commerce Clause.

Filburnthe Supreme Court upheld a federal statute making it a crime for a farmer to produce more wheat than was allowed under price controls and production controls, even if the excess production was for the farmer's own personal consumption.

The Necessary and Proper Clause was used to justify the regulation of production and consumption. It has also provided justification for a wide range of criminal laws relating to interference with the federal government's rightful operation, including federal laws against assaulting or murdering federal employees.

Chief Justice John Roberts wrote in his ruling that the mandate cannot "be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms.33 rows · Elastic Clause defined and explained with examples. Elastic clause is a .

Elastic clause is a clause in the U.S. Constitution that empowers the Congress to make laws that are necessary and proper for carrying out its powers. The clause is referred under USCS Const. Art.

The Enumerated powers (also called Expressed powers, Explicit powers or Delegated powers) of the United States Congress are listed in Article I, Section 8 of the United States summary, Congress may exercise the powers that the Constitution grants it, subject to the individual rights listed in the Bill of plombier-nemours.comer, the Constitution expresses various other limitations on.

The elastic clause

One of the most powerful clauses in the US Constitution is the elastic clause. The following article will help you understand what it is and its significance. Get started with the documentation for Elasticsearch, Kibana, Logstash, Beats, X-Pack, Elastic Cloud, Elasticsearch for Apache Hadoop, and our language clients.

The elastic clause

Jul 30,  · The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause[1]) is the provision in Article One of the United States Constitution, section 8, clause Status: Resolved.

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