Table of Contents
Who used the elastic clause first?
MARYLAND, 17 U.S. 316 (1819). McCulloch v. Maryland was the first case in which the U.S. Supreme Court applied the Necessary and Proper Clause. Some constitutional historians believe that the opinion in McCulloch v.
What Supreme Court case tested the elastic clause?
McCulloch v. Maryland
This Supreme Court Case addressed the issue of Federal power and commerce. In the landmark Supreme Court case McCulloch v. Maryland, Chief Justice John Marshall handed down one of his most important decisions regarding the expansion of Federal power.
What Court case explains the elastic clause?
In McCulloch v. Maryland (1819), the Supreme Court’s most famous case interpreting the Necessary and Proper Clause, the Court sided with Hamilton, giving Congress very broad authority to determine what is “necessary” for implementing federal powers.
What established the elastic clause?
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.
Did Thomas Jefferson use elastic clause?
Both Jefferson’s and Hamilton’s arguments were based on the Constitution’s Preamble, the “elastic clause” (Article I, Section 8, clause 18), and Amendment X. The elastic clause gave Congress the right to make laws “necessary and proper” to carry out other powers given Congress.
When was the elastic clause used?
Also known as the “elastic clause,” it was written into the Constitution in 1787. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton’s formation of a National Bank.
Why is Article 1 Section 8 called the elastic clause?
The final paragraph of Article I, Section 8, grants to Congress the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.” This provision is known as the elastic clause because it is used to expand the powers of Congress, especially when national laws come into …
What did the elastic clause do?
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.
How has the elastic clause been interpreted by the US Supreme Court?
The Supreme Court held that yes, Congress was granted the proper authority by the Elastic Clause to enact the Act. The U.S. argued that the Elastic Clause did in fact provide Congress with the power it would need in order to enact this important protective legislation.
Did Alexander Hamilton like the elastic clause?
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. Alexander Hamilton spoke vigorously for the second interpretation in Federalist No. 33.
Where has the elastic clause been used?
When was the elastic clause written into the Constitution?
Also known as the “elastic clause,” it was written into the Constitution in 1787. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton’s formation of a National Bank.
Who was the first Chief Justice under the elastic clause?
The “Elastic Clause” gives wide powers to the United States Congress. John Marshall, First Chief Justice. “John Marshall by Henry Inman, 1832” by Henry Inman – Virginia Memory. Licensed under Public domain.
What was the first case against the necessary and Proper Clause?
The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton’s formation of a National Bank. The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining.
Which is another name for the elastic clause?
“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers …”. Other names for the Elastic Clause include the “Basket Clause,” the “Coefficient Clause,” and the “Sweeping Clause.”.