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What is the elastic clause and when is it used?
a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
What was the purpose of the elastic clause?
The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are “necessary and proper” for carrying out its duties.
What are some examples of when the elastic clause was used?
Justice Marshall also held that while states do have the power to tax, the Supremacy Clause of the Constitution reigns supreme, and that states do not have the authority to tax the federal government. This is one of many examples of the Elastic Clause working in Congress’ favor.
Which amendment said that a person could not be tried twice for the same crime?
The Double Jeopardy Clause in the Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime. The relevant part of the Fifth Amendment states, “No person shall . . . be subject for the same offense to be twice put in jeopardy of life or limb . . . . “
Is double jeopardy still a law UK?
The double jeopardy rule is an important protection for individuals against the abuse of state power. English law has had the double jeopardy rule for over 800 years, but it was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003 (Scotland would follow in 2011).
How did the elastic clause get its name?
Located in Article I, Section 8, Clause 18 of the U.S. Constitution, the Elastic Clause is so named because of the flexibility it gives to Congress when it comes to exercising its enumerated powers. Like an elastic band, the Clause can be metaphorically “stretched” to meet Congress’ needs, or “contracted” to rein in Congress, if necessary.
What does the Elastic Clause allow Congress to do?
Definition of Elastic Clause. A clause within the United States Constitution that grants Congress the power to pass whatever laws are deemed “necessary and proper” to help Congress to carry out the enumerated powers.
How has the elastic clause been used?
The elastic clause(necessary and proper) has been used by the government to assume new roles as the people require/want them, and sometimes when they didn’t. For example the elastic clause has been used to justify the creation of government agencies that oversee the environment or disease or anything else not…
Can you explain what the elastic clause is?
Elastic clause is a clause in the U.S. Constitution that empowers the Congress to make laws that are necessary and proper for carrying out its powers . The clause is referred under USCS Const. Art. I, § 8, Cl 18. The provision reads: