What is the elastic clause in the us constitution

what is the elastic clause in the us constitution

Implied Powers

The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. The Congress shall have Power 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. The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important or contentious issue of law, it is given a name for.

The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Governmentthe political relationship between the states and the national government, and affect how the United States federal court system interprets the law.

When a particular clause becomes an important or contentious issue of law, it is given a name for ease of reference.

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Definition of Implied Powers

Nov 26,  · Implied Powers Examples Involving the First Bank of the United States. One of the famous examples of implied powers involving the U.S. Supreme Court is the case of McCulloch v. Maryland. The Court decided this case in Here, the United States government needed to pay off the debt that the nation acquired during the War of In all, the Constitution delegates 27 powers specifically to the federal government. 2. Implied powers are not specifically stated in the Constitution, but may be inferred from the elastic (or "necessary and proper") clause (Article I, Section 8). This provision gives Congress the right "to make all laws which shall be necessary and proper for. Elastic Clause: The clause that states that Congress can make any laws it deems necessary to carry out its powers. Enumerated Powers: The powers listed in the Constitution and assigned to specific branches of government.

Federalism is a political system that believes each state under a central government can have its own laws and customs while still sharing unified laws, customs, and currency. The central or federal government and regional governments provincial, state, cantonal, territorial or other sub-unit governments share the governing power.

The best example for a country with a Federalist political system is the United States. Mostly associated with the s, this was an era when the federal government essentially forced the different states to implement certain policies by grants-in-aid, or intergovernmental transfers.

Centralized federalism centers on the idea that the federal government should be responsible for setting all national policies, and the state and local governments should be responsible for carrying out these policies.

Nowadays, France and Great Britain are good examples of centralized federalism. In the United States, all governmental responsibilities are divided up between state and federal governments. The federal government can pass blanket laws or specific policies that affect each individual state; however, the individual states can govern anyone who lives within their borders.

In the U. Everything is controlled by the federal government in the United Kingdom. This makes their government quite different than the government in the United States because states have a lot of control and power in the U. This type of federalism is mostly associated with the s and the s, and it began with the Nixon Administration. It resulted in more streamlined services, and it has since fueled a reaction against any type of regulatory federalism.

Since the size of the federal budget is becoming more limited in regards to policy making, Congress has been more and more willing to use items such as coercive grants and even mandates in order to achieve the policy objectives that were in place during the s and s.

Competitive federalism creates competition between a central government and state governments, mostly regarding the leveling of the overlapping between two or more state governments in order to advocate for better and common economic interests.

It is known that a successful economy will carry on healthy competition and competition between governments, which is beneficial. When this competition exists between members of a federation, it is called competitive federalism. This term describes the belief that all levels of government should work together to solve common problems. Popular in the s after the Great Depression, and lasting up until the s, miscommunication and power struggles between state and national governments began that led to the national government taking control of the situation in order to fix certain problems, such as the economy.

The central government needed a unified plan of action to take care of all Americans, so certain boundaries previously reserved for the states were crossed, and the result was that the distinction between state and federal powers became less defined. This resulted in what is now known as marble cake federalism. Two cake, marble cake, and layer cake show two different types of federalism.

The marble, or swirly part, symbolizes cooperative federalism, in which the powers are not divided but instead shared by all levels of government. Creative federalism refers to the type of federalism that gave more power to the national government and bypassed the state governments to do so, thereby allowing the federal government to have direct control over statewide programs.

During this time, the national government began to interfere more in welfare programs to help build up the nation and alleviate some of the problems that existed at that time.

During this time, the state government was often overlooked because the national government decreed what should and could be done in the states. This directly affected the local governments and the citizens of each state. As a result, the state governments weakened, and grants were used as a way to make the state governments comply with whatever the national government wanted. No longer applicable in many ways, this was the belief that having separate but equally powerful branches and government levels that allow both the state and national level to have the power to balance each other out would work.

The belief known as concurrent powers is an attempt to balance these two out, and it involves powers that are shared between the states and the federal government.

Over time, however, these concurrent powers blurred, and they are now less clear than they ever were. This type of federalism is also known as layer cake federalism. Many believe that the idea of dual federalism is an optimistic view because it states that the federal and state authorities are clearly defined and do, in fact, exist. It believes that the two levels of government, state, and federal, can live side by side and be treated equally while holding the same power.

Although not an actual type of federalism, this form of federalism is associated with George W. As a result, it drastically changed the type of federalism in the national government.

In essence, it gave extreme power to the federal government, in part because control and unity were needed during times of need in this era. Moreover, acts such as No Child Left Behind were seen as an extreme version of preemption, as the national government was overriding state and local governments, which, in practical terms, gave the national government more power.

Fiscal federalism refers to the use of funds allocated from the national government to the state governments so that a national program is supported. A good example of fiscal federalism is the categorical grant, whereby the national government gives money to the states, and that money has requirements attached.

Just like judicial federalism, fiscal federalism can have a huge impact on the type of federalism that is present at the time. The process used to distribute the money can actually shape the type of federalism in that particular era.

Fiscal federalism can also be represented through block grants and unfunded mandates. Judicial federalism refers to the ability of the Supreme Court and judicial review to influence the type of federalism during certain times in the country.

In essence, the Supreme Court can decide whether the state or the central government should have power over certain laws. Supreme Court justices can allocate where the power goes, which is based on how they choose to rule and on their views of the Constitution. Federalism changes according to the needs of the state and federal governments and new ones pop up all the time.

In addition to the basic types of federalism, there are others, including:. This form of federalism came about in the s after Ronald Reagan was elected.

In it, more power was returned to the states because the national government wanted to even out the balance of strength between state governments and the national government. Block grants were developed as a way to achieve this shift in balance.

Block grants were grants given to the states with little restrictions on how they could use the money. Therefore, the national government was giving states funds for essentially whatever they wanted to do. The Devolution Revolution was another result of this era.

This was a drive to give more power to the states, and it had a great stride in the reformation of unfunded mandates. Unfunded mandates were what the national government issued to the states so that they would comply with certain orders without offering the funds of the state. It also prevented Congress from passing federal programs that could potentially cost a lot of money, which, in practical terms, returned more power to the states.

Progressive federalism is relatively new; it was employed by the Obama administration. It allows the states to have greater control over issues that were once issued to the national government.

In some instances, states could enforce more regulations than necessary on government decrees. This type of federalism allows the states to comply with government requirements, but they can also include their own additions. It also allows the national government to tailor its own laws so that, in the end, the laws are more effective because of what the different states have learned.

Although different types of federalism have been noted throughout the centuries, most experts agree that these are the forms of federalism the United States has followed from the s to today:. If you live in Ohio, your needs might not be best served by laws that are on the books in Oregon.

It allows people to get more involved in local and state governments. This includes membership on school boards, county seats, and many others. When focused on federalism, no individual group or person will have too much power because power is divided between entities, which forces cooperation in order for things to get done.

The current gridlock in the government is a great example of this problem. National policy is usually developed from local policies, and there are always dozens of different perspectives. A great example is the recent waves of states that have passed laws legalizing marijuana use. Since marijuana is still illegal under federal statutes, which laws take precedence in situations like this?

These jurisdictional questions can be confusing and complex, and there are not always clear answers to which jurisdiction should be allowed to settle the matter. Because federalism can create population centers that are focused on meeting their own needs, no emphasis is often placed on the bigger issues that can occur at either state or national levels. Block Grants: These are grants given to state governments, and there are few restrictions regarding what to do with the money.

Categorical Grants: These are federal grants given to states for a specific purpose; for example, for the building of a new airport. Centralist: This is a person who prefers that the national government take over an issue, rather than the state or local government.

Commerce Clause: A clause in the Constitution that gives the federal government the right to regulate any business activity that crosses state lines or activities that affect more than one state or other nations. Concurrent Powers: Powers that are shared by both the national and the state governments. Conditions of Aid: These are terms set by the federal government requiring states to meet certain rules in order to receive any federal funds.

Confederation: This refers to when the federal government holds limited powers and the state governments have much more power. Cooperative Federalism: Refers to the law that states that when it comes to the nation, the federal and state governments each share the same amount of power. It is also called a marble cake federalism. Devolution: The transfer of powers from the national government to the various state governments.

Dual Federalism: When the federal government and the state governments have separate but equal powers. It is also called layer cake federalism. Elastic Clause: The clause that states that Congress can make any laws it deems necessary to carry out its powers.

Enumerated Powers: The powers listed in the Constitution and assigned to specific branches of government. Extradition: This is a legal process that allows the government to take criminals hiding out in one state and return that criminal to another state for trial. Federal Mandate: This is a requirement made by the federal government that is essentially a condition that must be met if you want to receive any type of federal funds.

Federalism: This is a form of government where a group of states, territories, etc. Fiscal Federalism: Refers to federalism whereby funds are used to support a national program.

Formula Grants: These are grants categorical in nature and which are distributed according to a formula specified by lawmakers or in administrative regulations. Implied Powers: These are powers that are not specifically mentioned in the Constitution. Interstate Compact: An agreement between two or more states, which must be approved by Congress.

Judicial Federalism: Refers to when the Supreme Court and the Judiciary branch each have the ability to influence federalism. New Federalism: This was federalism during the Reagan era; in this type of federalism, the states had more power than before. Progressive Federalism: This is the most recent form of federalism; it allows states to have more control over certain powers that used to be reserved for the national government.

Second-Order Devolution: The flow of responsibility and power from state governments to local governments. Sovereignty: The right of the state to govern as it wishes, without interference from other states.



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