What case used the elastic clause?
One of the most important, early tests of the Elastic Clause was in the case of McCulloch v. Maryland. Earlier, in 1791, Alexander Hamilton had used the Elastic Clause to argue for the creation of a national bank.
What Supreme Court case tested the elastic clause?
This Supreme Court Case addressed the issue of Federal power and commerce. In the landmark Supreme Court case McCulloch v. Maryland, Chief Justice John Marshall handed down one of his most important decisions regarding the expansion of Federal power.
When can the elastic clause be used?
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 …
Why is 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….
Which court case established the Necessary and Proper Clause?
McCulloch v. Maryland
In McCulloch v. Maryland (1819), the Supreme Court’s most famous case interpreting the Necessary and Proper Clause, the Court sided with Hamilton, giving Congress very broad authority to determine what is “necessary” for implementing federal powers.
What is the elastic clause and why is it so significant?
The elastic clause is what gives Congress the ability to carry out the enumerated powers. It is also important to understand because it is such a controversial and debated clause.
Why would some people have a problem with the elastic clause?
The only problem with this system is that there are a lot of gaps when it comes to what Congress is allowed to do. For instance, while Congress has been specifically given the power to regulate federal finances, they were not specifically given the power to create a national bank.
Why is the elastic clause so important?
Why is the elastic clause good?
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.
Does the Elastic clause give Congress too much power?
Purpose of the Elastic Clause Congress is limited in its power over the American people to only those powers specifically written into the Constitution, such as determine who can be a citizen, collect taxes, establish post offices, and set up a judiciary.
What is the necessary and proper or elastic clause?
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 an example of the elastic clause in law?
A more recent example involves the Adam Walsh Protection and Safety Act, and whether or not Congress had the constitutional authority to sanction it. The Supreme Court held that yes, Congress was granted the proper authority by the Elastic Clause to enact the Act.
Does the elastic clause give Congress the authority to enact the Act?
The Supreme Court held that yes, Congress was granted the proper authority by the Elastic Clause to enact the Act. The details of the case were thus: Graydon Earl Comstock was six days away from completing a 37-month sentence on charges related to child pornography.
When was the Elastic Clause first invoked?
For the first time in the history of the Elastic Clause, the authority was put into practice when, in 1791, Alexander Hamilton invoked the clause to defend the creation of the First Bank of the United States.
What did the Anti-federalists believe about the elastic clause?
Anti-Federalists were concerned that the Elastic Clause would provide Congress with unbridled power, while Federalists believed that it would only serve to allow Congress to exercise the powers already granted to it by the Constitution.