GED Social Studies TestCivics and GovernmentMedium
A new federal judge is reviewing the powers granted to Congress under Article I, Section 8 of the Constitution. She notes that in addition to specific powers like regulating commerce and coining money, Congress also has the authority 'to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.' This clause is crucial for understanding Congress's ability to adapt to new challenges and is commonly referred to as the:
- AFull Faith and Credit Clause
- BCommerce Clause
- CSupremacy Clause
- DElastic Clause
Show answer & explanationAnswer & explanation
Correct answer: D. Elastic Clause
The 'Necessary and Proper Clause' (Article I, Section 8, Clause 18) is often called the Elastic Clause because it allows Congress to stretch its enumerated powers to address new issues and challenges not explicitly foreseen by the Founders.
Why the other options are wrong
- A. The Full Faith and Credit Clause (Article IV, Section 1) requires states to respect the 'public acts, records, and judicial proceedings of every other state,' which is unrelated to Congress's legislative powers.
- B. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate interstate and international commerce, a specific enumerated power, not the general power to make necessary laws.
- C. The Supremacy Clause (Article VI) establishes that federal laws and the Constitution are supreme over state laws, which is not what the question describes.
Elastic Clause (Necessary and Proper Clause)
Article I, Section 8, Clause 18 of the U.S. Constitution, which grants Congress the power to pass all laws 'necessary and proper' for carrying out the enumerated list of powers.
- Allows Congress to expand its power beyond explicit listings
- Source of implied powers
- Has been interpreted broadly by the Supreme Court
Memory trick: The Elastic Clause stretches Congress's power like an elastic band.