Question

The elastic clause was intended to allow congress to deal with issues the Founding fathers had not considered or thought imaginable, Provide three examples of issues (Explain what they are) Thant congress now deals with that the founding fathers never would have imagined.

What does the constitution say are the powers of the president? (List and explain them)

How does the Constitution ensure that the military remains under civilian control?

What kind of cases does the federal court system hear?
You are to list them)

Explain the power of judicial review and why is it vital to the function of the federal court system?

Answer 1

What is the Elastic Clause?

The Elastic Clause appears in Article I, Section 8 of the United States Constitution, allowing Congress to make laws not specifically mentioned in the Constitution. This is also known as the Necessary and Proper Clause because that phrase appears in the language of the clause.

By definition, the Elastic Clause is a constitutional clause that allows Congress to pass the legislation needed to carry out its powers, both those expressly mentioned in the Constitution and also those implied by the Constitution. For the Elastic Clause to allow a power not established explicitly in the Constitution, the power must be both necessary and proper for carrying out the constitutionally approved authority of the government.

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History of the Elastic Clause

At the 1787 Constitutional Convention, delegates debated the broad principles of the U.S. Constitution. Then a Committee of Detail worked on the specific wording of the document. The five-member committee included Oliver Ellsworth (Connecticut), Nathaniel Gorham (Massachusetts), Edmund Randolph (Virginia), John Rutledge (South Carolina), and James Wilson (Pennsylvania). The members of the committee wanted to produce a concise and simple document that could evolve and adapt to the nation's needs over time. They listed 18 powers of Congress, the 18th of which is the Elastic Clause.

The Elastic Clause in the Constitution

The Constitution, including the Elastic Clause, was ratified in 1788. The clause itself reads: ''The Congress shall have Power...[t]o 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.''

Why is the Elastic Clause Important?

The Elastic Clause is important to the functioning of the federal government. The founding fathers could not list out every possible combination of issues the federal government might have to address. Instead, they outlined the role of Congress and gave it an important tool to carry out its duties.