Why is the "elastic clause" called this?
By Forinfos - 03/01/2026 - 0 comments
The "elastic clause" has its name because it states that the United States Congress has the power "to make all laws which shall be necessary and proper," which refers to a loose jurisdiction. The term refers to Article I, Section 8 of the U.S. Constitution.
The "elastic clause" is one of the most controversial clauses of the Constitution, since the implied powers granted to the Congress are not fixed. This means that over time, the powers of Congress have grown considerably. Because of the definition of "necessary and proper," the implied powers of Congress have been subject to endless political disagreements.
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