CLEP US Government

Category - Federalism

What is the Elastic Clause of the Constitution?
  1. It says that Congress may pass any laws that are “necessary and proper” in fulfilling its stated duties.
  2. It explains that the division of powers between the executive and legislative branches can be changed as the country changes.
  3. It states that neither the federal government nor the states have ultimate authority.
  4. It delineates the powers of cities.
  5. It describes what cases the courts can and cannot hear.
Explanation
Answer: A- The Necessary and Proper Clause, also known as the Elastic Clause, provides Congress some leeway in what laws it can pass. After the Constitution lays out all the responsibilities of Congress in Article I, Section 8, it says that Congress may pass laws that are “necessary and proper” to complete those responsibilities. A lot of fights regarding the power of the federal government vs. the states have been based on competing interpretations of how broadly “necessary and proper” should be interpreted. The more broadly it is interpreted, the more power the federal government has through Congressional laws.
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