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Congress has the sole responsibility for creating statutory law?
1) True
2) False

User Zarcel
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1 Answer

4 votes

Final answer:

Congress has the exclusive responsibility for creating statutory law, which is true, and the necessary and proper clause actually expands rather than limits the power of the national government, making that statement false.

Step-by-step explanation:

Congress does indeed have the sole responsibility for creating statutory law. According to Article I, Section 1 of the Constitution, all legislative powers are vested in a Congress of the United States, which consists of a Senate and House of Representatives. This means that the creation of federal statutory laws, or statutes, is a power exclusively held by Congress.

The question about the necessary and proper clause is seeking to clarify a common misunderstanding. The necessary and proper clause, also known as the elastic clause, is contained within Article I, Section 8 of the Constitution and it states that Congress shall have the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. Contrary to limiting the power of the national government, this clause has been interpreted to give Congress the flexibility to enact laws that are not explicitly listed in the Constitution, as long as they are in pursuit of its constitutional powers. This has expanded the scope of congressional authority over time.

Therefore, the first statement about Congress's responsibility for creating statutory law is true, and regarding the necessary and proper clause limiting national government power, the statement is false.

User Basem Sayej
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