What is clause 18 known as?
Asked by: Lyda Weimann | Last update: February 2, 2026Score: 4.9/5 (27 votes)
Clause 18 of Article I, Section 8 of the U.S. Constitution is known as the Necessary and Proper Clause, also called the Elastic Clause, granting Congress implied powers to make laws for executing its enumerated powers, allowing the government flexibility to adapt to changing times. It enables Congress to create legislation not explicitly listed in the Constitution but required to carry out its duties, like establishing courts or controlling currency, as seen in cases like McCulloch v. Maryland.
What is clause 18 also known as?
Although Necessary and Proper Clause is the modern term for the constitutional provision, historically it was often called the Sweeping Clause.
What is Section 18 of the Constitution?
17. Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. 18. Everyone has the right to freedom of association.
Why has clause 18 been nicknamed the elastic clause?
Hamilton argued that the elastic clause had to be broadly interpreted as granting whatever additional powers would assist Congress in carrying out its enumerated powers. The clause allowed Congress to do not just what was indispensable but also whatever was convenient or helpful to achieving its ends.
What is another name for elastic clause?
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...
Constitution Line by Line: Article 1, Section 8, Clause 18- Necessary and Proper Clause
What is paragraph 18 of the powers of Congress?
Clause 18 Necessary and Proper Clause
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 thereof.
Why is it called the sweeping clause?
During the ratification debates, opponents dubbed it the “sweeping clause” and the “general clause,” arguing that it subverted the principle of enumerated powers by sweeping general legislative competence to Congress.
What is the elastic clause in simple terms?
The Elastic Clause, found in Article I, Section 8 of the U.S. Constitution, empowers Congress to create laws deemed necessary and proper for executing its enumerated powers.
What is the unitary executive theory?
In U.S. constitutional law, the unitary executive theory is a theory according to which the president of the United States has sole authority over the executive branch.
Why is the clause controversial?
The Supremacy Clause generated significant controversy during debates over the Constitution's ratification. Anti-Federalist opponents of the Constitution argued that the Clause would make the national government overly powerful and infringe on state sovereignty.
What is Article 18 in one word?
Article 18 of Indian Constitution included under the Fundamental Rights, addresses the elimination of titles. It bars the state from granting any titles with the exception of academic and military distinctions.
Is God mentioned in the US Constitution?
No, the U.S. Constitution does not explicitly mention God, Jesus, or Christianity; its framework is secular, focusing on governmental structure, though it mentions "religion" in the First Amendment to protect religious freedom and prohibit an established religion. The only divine reference is in the signing date, "in the Year of our Lord," a common phrase of the era, not a theological statement, notes TCU Magazine.
What does Amendment 18 mean in simple terms?
The 18th Amendment, known as Prohibition (1919-1933), banned making, selling, or transporting alcoholic drinks in the U.S., driven by temperance movements to curb societal problems from drinking, but it led to organized crime, corruption, and was eventually repealed by the 21st Amendment, leaving alcohol laws to states.
How does clause 18 of article I section 8 known as the elastic or the Necessary and Proper Clause affect the powers of Congress?
This clause allows Congress implied powers not explicitly listed in the constitution as long as they are necessary and proper for carrying out the enumerated powers (expressed powers).
What is article 18 of the Constitution?
Article 18, Constitution of India 1950
(1) No title, not being a military or academic distinction, shall be conferred by the State. (2) No citizen of India shall accept any title from any foreign State.
Why is it called the establishment clause?
The Establishment Clause is an integral part of the First Amendment, which states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the ...
Does the president have the power to remove Supreme Court justices?
No, a President cannot remove a Supreme Court Justice; only Congress has the power to do so through the impeachment process (House impeaches, Senate convicts) for "Treason, Bribery, or other high Crimes and Misdemeanors," ensuring judicial independence and lifetime tenure ("good behavior") for Article III judges.
Can the Supreme Court override a president's executive order?
Courts may strike down executive orders not only on the grounds that the president lacked authority to issue them but also in cases where the order is found to be unconstitutional in substance.
Does the president have unlimited power?
The President can issue executive orders, which direct executive officers or clarify and help implement existing laws. The President also has unlimited power to extend pardons and clemencies for federal crimes, except in cases of impeachment.
Why is article 1 section 8 clause 18 called the elastic clause?
The "necessary and proper" clause is also called the elastic clause because it enables Congress to stretch, or expand, its powers.
What is another word for the elastic clause?
The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. Article 1, Section 8, Clause 18 of the Constitution reads: "The Congress shall have Power ...
What are the three main points of the Constitution?
U.S. Constitution: 1787-1789
- Inherent rights, or rights that anyone living in America has.
- Self-government, or Government by the people.
- Separation of powers, or branches of Government with separate powers.
What is the name of the clause that makes it clear national law is always more powerful than state and local law?
Supremacy Clause. The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What is the jurisdiction stripping clause?
Jurisdiction stripping is seen as a nuclear option. Its logic is simple: By depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. To its proponents, it offers the ultimate check on unelected and unaccountable judges.
What is the Federalist 33?
33, written by Alexander Hamilton and first published in The Independent Journal on January 2, 1788, continues the focus on the issues in creating an efficient taxation system, along with reassuring the people's doubts about the government control over taxation.