Question

The Necessary and Proper Clause allows Congress to create laws that were not written into the Constitution. Give four examples of these laws which Congress created but are not expressed in the Constitution.

Answer 1

The Necessary and Proper Clause allows Congress to create laws that are not explicitly mentioned in the Constitution. Examples include the establishment of the IRS, the Federal Reserve Board, laws against discrimination in public accommodations, and the power to draft people into the armed services.

Step-by-step explanation:

The Necessary and Proper Clause, also known as the elastic clause, grants Congress the power to make laws that are necessary and proper for carrying out its duties, even if those laws are not explicitly stated in the Constitution.

Examples of laws created by Congress through the necessary and proper clause include:

1. The creation of the Internal Revenue Service (IRS) to collect income taxes, which is not specifically mentioned in the Constitution but is necessary to carry out the power to collect taxes.
2. The establishment of the Federal Reserve Board to maintain the stability of the nation's monetary system, which is not explicitly stated in the Constitution but is necessary to fulfill the power to regulate currency and commerce.
3. Laws prohibiting discrimination in public accommodations, such as restaurants and hotels, to ensure equal treatment for all citizens, which is not directly mentioned in the Constitution but is necessary to uphold the power to regulate interstate commerce and promote equal rights.
4. The power to draft people into the armed services during times of war, which is not explicitly outlined in the Constitution but is necessary for national defense.