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Congress shall have power...to make all laws which shall be necessary and proper for carrying into execution the foregoing powers...." This section of the Constitution is known as the__________

16th amendment
19th amendment
Elastic Clause
bill of rights

User Moosli
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2 Answers

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From the options provided, this would be Elastic Clause.
User Themiurgo
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Answer: The Elastic Clause

The quoted lines, here designated as the "Elastic Clause", are perhaps more often referred to as the "necessary and proper" clause of the United States Constitution. The "elastic" character of the clause is that it grants Congress implied powers beyond the specifically stated ones in the Constitution.. After enumerating a number of the powers of Congress, including borrowing money, coining money, regulating commerce, etc, Section 8 of Article I of the Constitution closes by saying Congress shall have power "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." That's a quite broad and "elastic" statement, which goes beyond specifically delegated powers and gives Congress additional implied powers.

An example of the implementation of such implied powers in the Constitution occurred when Alexander Hamilton, as our nation's first Secretary of the Treasury, argued in favor of establishing a national bank. Hamilton believed that anything that is not strictly forbidden in the Constitution is allowable. A national bank was not strictly listed as something Congress could establish, but there was nothing in the Constitution to prohibit it. And the "necessary and proper" clause gave leeway to create it, by the implied powers given to Congress.

User Skwisgaar
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