Implied powers belong to the federal government under the elastic clause. Implied powers are the powers exercised by Congress which are not explicitly given by the Constitution itself but necessary and proper to execute the powers which are.
elastic clause
Powers which are assumed to belong to the federal government under the elastic clause are called implied powers. The elastic clause allows Congress to pass laws that are â??necessary and properâ?? to exercise the powers that are specified in the Constitution.
the elastic clause, because it has been used to expand the power of the federal government.
it allows the government to change as the times change
The Elastic Clause is in Article I of the US Constitution, and it states that any powers necessary to complete the powers listed above (the expressed powers of congress), but not necessarily mentioned there, are nonetheless granted to the Congress. For example: An express power is that Congress can maintain an army. A implied power (powers granted by the elastic clause) would be to recruit, train, and draft citizens into that army. It could also establish military bases to which civilian access was restricted. The elastic clause has been used throughout US history to add powers to the federal government. It allows the federal government to expand its powers.
elastic clause
elastic clause
Powers which are assumed to belong to the federal government under the elastic clause are called implied powers. The elastic clause allows Congress to pass laws that are â??necessary and properâ?? to exercise the powers that are specified in the Constitution.
Powers which are assumed to belong to the federal government under the elastic clause are called implied powers. The elastic clause allows Congress to pass laws that are â??necessary and properâ?? to exercise the powers that are specified in the Constitution.
the elastic clause, because it has been used to expand the power of the federal government.
Implied Powers
Powers given to the federal government
Alexander Hamilton strongly supported the Elastic Clause, also known as the Necessary and Proper Clause, which allows Congress to make laws that are necessary and proper for executing its powers. He believed it provided the federal government with the flexibility to adapt to changing circumstances and address issues not explicitly mentioned in the Constitution. Hamilton argued that a strong central government was essential for the nation's stability and growth, and the Elastic Clause was crucial for empowering that government to act effectively. His views emphasized a broad interpretation of federal powers, which laid the groundwork for a more expansive federal role in governance.
no
The Supreme Court case that established the federal government's broad power under the elastic clause is McCulloch v. Maryland (1819). In this landmark decision, Chief Justice John Marshall ruled that Congress had the authority to create a national bank, asserting that the elastic clause (Necessary and Proper Clause) allowed for implied powers beyond those explicitly listed in the Constitution. This case reinforced the principle of federal supremacy over state laws and expanded the scope of federal legislative power.
The Elastic Clause
Strict constructionists view the elastic clause, or the Necessary and Proper Clause, with skepticism, believing that it should be interpreted narrowly. They argue that the federal government should only exercise powers explicitly granted by the Constitution, avoiding any expansion of federal authority through broad interpretations of the elastic clause. This perspective emphasizes a limited government and a strict adherence to the Constitution's text to prevent overreach. Consequently, strict constructionists advocate for a clear distinction between state and federal powers, ensuring states retain significant authority.