Elastic Clause Article 1 Section 8
The congress shall have power to lay and collect taxes duties imposts and excises to pay the debts and provide for the common defence and general welfare of the united states.
Elastic clause article 1 section 8. Make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution. Congress 17 specifically enumerated powers along with unspecified implied powers considered necessary and proper to carry out the enumerated powers. Article i section 8 clause 18 allows the government of the united states to.
The precedent for interpreting the elastic clause as expanding rather than limiting the powers of congress was set in the 1819 mccolloch vs. Congress also assumes additional lawmaking powers through the commerce clause of article i section 8 which grants congress the power to regulate interstate commerce business activities among the states. Maryland supreme court decision.
The congress shall have power to lay and collect taxes duties imposts and excises to pay the debts and provide for the common defence and general welfare of the united states. Constitution grants 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.
This portion of article i section 8 also known as the elastic clause also known as the necessary and proper clause empowers congress to make the laws which would be necessary for it or for any. But all duties imposts and excises shall be uniform throughout the united states. Article 1 section 8.
The most important clause of article i section 8 is the last one which has come to be known as the elastic clause or the necessary and proper clause the elastic clause expands congress s power by granting it the right to make all laws necessary and proper to carry out all of their other enumerated powers. These unspecified but undoubted congressional powers and many others emerge from the clause at the end of article i section 8 which gives congress power t o make all laws which shall be necessary and proper for carrying into execution the other federal powers granted by the constitution. Located in article i section 8 clause 18 of the u s.
The necessary and proper clause also known as the elastic clause is a clause in article i section 8 of the united states constitution. Article 1 the legislative branchsection 8 powers of congress. The congress shall have power.