Elastic Clause

The Elastic Clause, also known as the “Necessary and Proper Clause,” is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as outlined in the Constitution. In other […]

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Necessary and Proper Clause

In framing the U.S. Constitution, the leaders of the time gave certain specific powers to Congress, reserving all other powers to the individual states. This was done in order to ensure the new government would not become an oppressive entity, such as the government they had left behind in England. These men knew, however, that they could not foresee the […]

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