Final answer:
The claim that a gift becomes an enforceable contract if the recipient changes her position because of it is false; gifts lack the element of consideration. Additionally, the necessary and proper clause generally expands the powers of the national government rather than limits them.
Step-by-step explanation:
The statement that a gift is an enforceable contract if the recipient changes her position because of the offer of the gift is false. In contract law, for an agreement to be considered an enforceable contract, there must be an offer, acceptance, intention to create legal relations, and consideration. A gift does not normally include the element of consideration, which is a benefit or detriment that each party receives or suffers. However, if the recipient of the gift has relied on the promise to their detriment, under the principle of promissory estoppel, they may have some legal remedy, but this does not transform the gift into a fully enforceable contract. Regarding Exercise 9.3.1, the statement that the necessary and proper clause has had the effect of limiting the power of the national government is false. The necessary and proper clause, also known as the elastic clause, grants Congress the powers to pass all laws necessary and proper for carrying out the enumerated list of powers. This clause has actually been interpreted to expand the powers of the national government rather than limit them.