Did you know… We have over 220 college The U.S. government's ability to adapt to changing times lies within the elastic clause. These are called the government's enumerated powers, also called expressed powers, or delegated powers. The elastic clause grants the government implied powers which allows it to adapt to modern needs. The answer is in the 'necessary and proper clause' of the U.S. Constitution, better known as the 'elastic clause,' which allows Congress to make laws it needs to carry out its own powers. The enumerated powers of Congress are found in Article I, Section 8, of the U.S. Constitution, and they list the clearly expressed obligations and duties of the government. Thus, the Bill of Rights does not pertain to individual actions and only protects a citizen from persecution from the government itself. It's unnerving, then, to think that it exists mostly because of a few sheets of paper, with a description written in ink about two centuries ago. According to Wikipedia, this clause, often called the "Necessary and Proper" or the "Elastic" clause, is sometimes accused of giving too much power to Congress. It sets forth the specific powers granted to Congress, called enumerated or expressed powers. The federalist response to this concern was that a bill of rights could also be read as an exhaustive list of the rights of citizens.

This debate is due in part to the history of the clause, all the way from its inception to the ways in which it is currently used in the government. They knew that the world was going to change; remember, these were all very educated and enlightened men, raised in the 18th century, the Age of Reason.

Four examples of the Elastic Clause are Congress creating taxes, declaring war, issuing money and balancing states' rights with the power of the federal government. Elastic Clause. So, they added a rule. What does this mean? This clause originally proved to be a problem when the Constitution was being ratified. However, Hamilton put forth the argument that a bank was the most reasonable way to support citizens when they needed to borrow funds or for the purpose of taxation. Currently, it is understood that not all of the rights afforded to U.S. citizens are listed in the Bill of Rights.

It continues to be relevant to major legal cases in the present today. The wording makes clear the clause’s meaning, since it gives Congress the ability to stretch its power into sectors that are not specifically suggested. Synonyms (Other Words) for Elastic clause & Antonyms (Opposite Meaning) for Elastic clause. It is important to note that the original definition of a citizen did not include people of color, women or immigrants from certain countries. In the end, it was decided that these activities were related to constitutional powers, and the bank was formed. To learn more, visit our Earning Credit Page.

The Elastic Clause does not specify all powers of the government, but grants Congress the ability to perform acts using other powers not expressly enumerated in the Constitution. So, the question was: can a state tax a federal bank? - Methods & Types, Hindu Denominations: Vaishnavism, Shaivism, Shaktism & Smartism, Popol Vuh: Summary, Characters & Analysis, Historical & Cultural Dance Styles Around the World, Reporting on the Audit of a Single Financial Statement, Comparing and Contrasting Sources of a Text, How to Calculate the Carrying Amount of Donated Assets, Quiz & Worksheet - Horizontal & Vertical Line Equations, Quiz & Worksheet - Recognizing Families of Functions, Analyzing Types of Context: Quiz & Worksheet for Kids, Quiz & Worksheet - Formula of Sample Space in Math, Flashcards - Real Estate Marketing Basics, Flashcards - Promotional Marketing in Real Estate, Special Education in Schools | History & Law, CSET English Subtests I & III (105 & 107): Practice & Study Guide, UExcel Precalculus Algebra: Study Guide & Test Prep, Quiz & Worksheet - History & Characteristics of Korean Taoism, Quiz & Worksheet - Vertical Analysis Techniques, Quiz & Worksheet - Accounting for Inventory Purchases, Quiz & Worksheet - Types of Accents in Music, How Auditory Processing Affects Brain Processes, Converting 12 Liters to Milliliters: Steps & Tutorial, Florida Alternative Teacher Certification, Integrated Physics & Chemistry (IPC) Curriculum Overview, Tech and Engineering - Questions & Answers, Health and Medicine - Questions & Answers. The case was brought before the Supreme Court, which unanimously voted that Congress did have the power to establish a bank. © copyright 2003-2020 Study.com. With an enormous military, a gigantic budget, and a global reach, the United States is a daunting presence on the world stage. Working Scholars® Bringing Tuition-Free College to the Community. Thus, unenumerated powers has been recognized as an acceptable use of Congressional power, provided it can be called necessary and proper. These include not only Article I, Section 8, but other articles and amendments to the Constitution. In at least a paragraph, explain what enumerated powers are and the role they played in the necessity for the necessary and proper clause. - Definition & Examples, How Congress Represents the American Public: Demographic Makeup, The Supremacy Clause: Definition & Example, Selective Incorporation: Definition & Doctrine, Strict & Loose Constructions of the Constitution, Speaker of the House: Definition, Role & Duties, Full Faith & Credit Clause: Definition & Examples, Filibuster: Definition, History, Rules & Examples, Implied Powers of Congress: Definition & Examples, Executive Agreement: Definition & Examples, Executive Privilege: Definition & Examples, Reapportionment & Redistricting for Congressional Constituencies: Definition & Process, Hyperpluralism: Definition, Theory & Examples, Conference Committee: Definition & Examples, History 301: Historiography & Historical Methods, ACCESS World History: Online Textbook Help, Post-Civil War U.S. History: Help and Review, CLEP Social Sciences and History: Study Guide & Test Prep, AP Comparative Government and Politics: Exam Prep, NY Regents Exam - US History and Government: Help and Review, Prentice Hall United States History: Online Textbook Help, NY Regents Exam - US History and Government: Tutoring Solution, TExES History 7-12 (233): Practice & Study Guide, Post-Civil War American History: Homework Help, McDougal Littell World History: Online Textbook Help, Holt United States History: Online Textbook Help, Middle School US History: Tutoring Solution, High School World History: Homework Help Resource.

And can Congress create a national bank that states have to live with? Select a subject to preview related courses: The Supreme Courts Chief Justice, John Marshall, looked to Article I, Section 8, with its 'necessary and proper' language. Lesley has taught American and World History at the university level for the past seven years. The elastic clause is actually the 'necessary and proper' clause found in Article I, Section 8, of the U.S. Constitution. In addition to finances, delegated powers allow Congress to decide which wars and battles to engage America in, and allows Congress to establish a balance of power across the different areas of federal government. Others argued, however, that it was impossible to enumerate all the rights afforded to citizens of the United States. An error occurred trying to load this video. What Are Four Examples of the Elastic Clause. View this lesson, then subsequently apply your knowledge so that you can: To unlock this lesson you must be a Study.com Member. Justice Marshall’s decision hinged on the belief that Congress can use unenumerated powers not defined in the Constitution.

The elastic clause could be considered a way to legally handle issues that the founding fathers might not have considered when creating the Constitution. first two years of college and save thousands off your degree. She holds a Master of Science in Publishing from Pace University. The Bill of Rights was heavily influenced by the English Bill of Rights of 1689 and was drafted by George Mason in 1776. Will 5G Impact Our Cell Phone Plans (or Our Health?! lessons in math, English, science, history, and more. Is the Coronavirus Crisis Increasing America's Drug Overdoses? Because of this, the Necessary and Proper Clause was added at the end of the enumerated powers list. This sounds pretty vague, which is not the sort of thing that helps a brand new government; and it also sounds like it gave the government the authority to grow well beyond what many of the Founding Fathers probably intended. The reason that the elastic clause is also known as the "necessary and proper clause" is because of the ability that it gives Congress to do whatever it deems to be necessary and proper to do its job. The guide is an excellent research tool for students to use to gain a deeper understanding of one of our nation’s founding documents and the establishment of the federal government. Danielle Smyth is a writer and content marketer from upstate New York. Mark has a Ph.D in Social Science Education. Her experience includes years of work in the insurance, workers compensation, disability, and background investigation fields. Due to Justice Marshall’s ruling, it is now common knowledge that states do have the power to tax within their borders, but they do not have the power to tax the federal government. Create your account. How are enumerated powers related to the elastic clause?

For instance, one of the most recent uses of the elastic clause was during the universal healthcare debate. How did the U.S. government get from that to what it is today? This is because Checks and Balances involves the even power distributed within the government branches, and the Elastic Clause ensures power given to Congress and allows them the right to create laws that are required for the government to run smoothly.

| {{course.flashcardSetCount}} The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to do what it must to carry out its power. She has a Master's degree in History. In the end, the Ninth Amendment was included. For this reason, the elastic clause is also sometimes called the basket clause, the coefficient clause, or the sweeping clause. Without the elasticity of the 'necessary and proper' clause, Congress could do none of these things, and we would be - figuratively and almost literally - stuck in the 18th century. Foregoing Powers and all other Powers means that Congress can work alone without the partnership of other governing bodies.

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