Question
Use your knowledge of Local State and National Government to answer the following constructed response question: The expressed powers of Congress are outlined in Article I of the Constitution; however .Congress also has implied powersit can use because of the necessary and proper clause. Answer these questions to demonstrate your knowledge of the powers of Congress: Write your answer below. 1. Explain the necessary and proper clause. 2. Does the necessary and proper clause give Congress too much power? Explain your position. a. Use details and examples to support your answer.
Answer
4.1
(255 Votes)
Caleb
Master · Tutor for 5 years
Answer
1. The necessary and proper clause, also known as the Elastic Clause, grants Congress the authority to make laws that are deemed necessary and proper to carry out its enumerated powers, as outlined in Article I of the Constitution.2. The interpretation of whether the necessary and proper clause gives Congress too much power is subjective. Some argue it provides flexibility for adapting to unforeseen circumstances, while others express concerns about potential abuse. 3. For example, the creation of the National Bank by Congress in 1791, justified under the necessary and proper clause, sparked debate. Those in favor, like Alexander Hamilton, saw it as essential for fiscal stability. Opponents, including Thomas Jefferson, argued that such broad interpretation might exceed the intended scope of congressional authority. This historical context highlights the ongoing tension in balancing necessary flexibility with potential overreach.