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Elastic clause: grants congress authority to make laws necessary to execute its powers

2007-10-03 18:10:33 · 5 answers · asked by Diana 2 in Politics & Government Politics

5 answers

"Oh, I really need to get to a bathroom. It's an emergency, let's become an autocracy." -Still in his office Larry Craig-

2007-10-03 18:15:49 · answer #1 · answered by ? 4 · 3 0

The so-called "elastic clause" is not "elastic" at all!
It does NOT confer any "elasticity" upon the POWERS of Congress (and therefore upon the government).

Too many people leave out an important adjective in citing this clause. The word is "foregoing" and it modifies the word "powers". Yes, that clause does grant Congress to make any laws necessary and proper to execute the FOREGOING
It foes NOT grant Congress any additional powers.

Powers of Congress are enumerated in Article I section 8.
Congress has no other powers beyond those enumerated in the Constitution.

The "elastic" clause merely fills in the gaps, but does not extend the powers of Congress.
The 10th amendment makes this clear, by saying that any powers not granted to the Congress are reserved to the states and to the people.

.

2007-10-04 03:02:36 · answer #2 · answered by Deborah M 2 · 0 0

The essential property or characteristic of the elastic clause is that it broadens congressional power beyond the enumerated powers. Under the elastic clause, the end literally does justify the means. A statute is constitutional under the elastic clause if a colorable argument can be made that it furthers the exercise of the express powers. In many cases, it is not that difficult to make such a colorable argument.

2007-10-03 19:28:27 · answer #3 · answered by Tmess2 7 · 0 0

The elastic clause allowed congress to expand emminent domain laws to allow private businesses to take away the property of free citizens, instead of government excusively.

2007-10-03 18:38:32 · answer #4 · answered by Anonymous · 1 0

thats mine bclause congress was made for me

you cna now see

2007-10-03 18:13:03 · answer #5 · answered by Anonymous · 0 0

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