notes: Federalism.

Alexander Hamilton spoke vigorously for the second interpretation in Federalist No. AP Gov ch.

17. The Elastic Clause, also called the Necessary and Proper Clause, grants Congress the ability to perform several duties essential to the operation of the United States, including having oversight in issues of domestic and international affairs. While many people look to the powers specifically listed in Article 1, Section 8 of the Constitution, Congress is granted other powers in various sections of the document, subject to the limitations in the Bill of Rights. Implied Power of Congress to Conduct Investigations and Oversight: Historical Background. According to David Kopel, the clause "simply restates the background principle that Congress can exercise powers which are merely 'incidental' to Congress's enumerated powers."[14].

No axiom is more clearly established in law or in reason than wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power for doing it is included.
Enumerated powers allow Congress to make decisions that affect the health, safety and well-being.

Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1 set the standard in words that reverberate to this day. In the case, the Court ruled against Maryland in an opinion written by Chief Justice John Marshall Hamilton's longtime Federalist ally. Eventually, Southern opposition to the bank and to Hamilton's plan to have the federal government assume the war debts of the states was mollified by the transfer of the nation's capital from its temporary seat in Philadelphia to Washington, DC,a more southerly permanent seat on the Potomac, and the bill, along with the establishment of a national mint, was passed by Congress and signed by President George Washington.[5]. To embarrass Madison, Hamilton's contrary claims from the Federalist Papers were read aloud in Congress:[4]. [citation needed], In National Federation of Independent Business v. Sebelius (2012), the Supreme Court ruled that the individual mandate of the Patient Protection and Affordable Care Act cannot be upheld under the Necessary and Proper Clause.

Even if the individual mandate is "necessary" to the Affordable Care Act's other reforms, such an expansion of federal power is not a "proper" means for making those reforms effective. But the widest application of the Necessary and Proper Clause has occurred in the field of monetary and fiscal controls.

[8], In a related case after the American Civil War, the clause was employed, in combination with other enumerated powers, to give the federal government virtually complete control over currency.

The phrase has become the label of choice for this constitutional clause. To 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. The bank was the first federal bank of the new nation, and James Madison argued that, while Congress does have the authority to print money, it does not have the authority to charter a bank. This was done in order to ensure the new government would not become an oppressive entity, such as the government they had left behind in England. It purports to be an additional power, not a restriction on those already granted.

Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.

To address this problem, the Necessary and Proper Clause was drafted. 44 that without the clause, the constitution would be a "dead letter." . These men knew, however, that they could not foresee the needs of the country as it grew and developed. Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers. Total Cards. See also Missouri v. Holland, 252 U.S. 416 (1920).

This clause provides the federal government with flexibility when it comes to creating laws when the Constitution does not give Congress the specific authority to act, hence the moniker “Elastic Clause.”. The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise lie outside it. Anti-Federalists expressed concern that the clause would grant the federal government boundless power, but Federalists argued that the clause would permit only execution of powers that had been granted by the constitution. At the same time, the Court retained the power of judicial review established in Marbury v. Madison by declaring that it had the power to strike down laws that departed from those powers: "Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution, or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted [sic] to the Government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.

It purports to be an additional power, not a restriction on those already granted. 33.

What do you think Full Faith and Credit Clause means?

The Elastic Clause does not specify all powers of the government, but grants Congress the ability to perform acts using other powers not expressly enumerated in the Constitution. [2], The draft clause provoked controversy during discussions on the proposed constitution, and its inclusion became a focal point of criticism for those opposed to ratification of the constitution. Create Tribunals inferior to the Supreme Court [tribunals refer to courts]. [8], In a related case after the American Civil War, the clause was employed, in combination with other enumerated powers, to give the federal government virtually complete control over currency.

The Necessary and Proper Clause was used to justify the regulation of production and consumption. Moreover, the provision gives Congress a share in the responsibilities lodged in other departments, by virtue of its right to enact legislation necessary to carry into execution all powers vested in the National Government.

The right of Congress to use all known and appropriate means for collecting revenue, including the distraint of property for federal taxes,6FootnoteMurray's Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) Lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence [this spelling used in original document] and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Establish Post Offices and post Roads; and. Additional Civics Flashcards .

Hamilton countered that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds and claimed that the clause applied to activities that were reasonably related to constitutional powers, not only those that were absolutely necessary to carry out said powers.

Learn vocabulary, terms, and more with flashcards, games, and other study tools.

Hamilton, on the other hand, believed that the Necessary and Proper Clause related to constitutional powers, and therefore creating the bank was a reasonable means of carrying out its powers related to the economy.

Chief Justice John Roberts ruled that the mandate cannot "be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms.

272, 281 (1856).

The clause, as justification for the creation of a national bank, was put to the test in 1819 during McCulloch v. Maryland[6] in which Maryland had attempted to impede the operations of the Second Bank of the United States by imposing a prohibitive tax on out-of-state banks, the Second Bank of the United States being the only one. [3], For several decades after the Constitution was ratified, interpretation of the Necessary and Proper Clause continued to be a powerful bone of contention between the Democratic-Republican Party, the Federalist Party, and several other political parties. To explore this concept, consider the following necessary and proper clause definition. article 1 of the Constitution that provides the federal government with the authority to make laws that are necessary and proper for carrying out enumerated powers
Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation.

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