Why is section 8 clause 18 called the elastic clause?
Asked by: Dr. Janick Satterfield I | Last update: February 2, 2026Score: 4.2/5 (45 votes)
Article I, Section 8, Clause 18 is called the "Elastic Clause" because it gives Congress flexible, "stretchy" power to make laws "necessary and proper" for executing its listed (enumerated) powers, allowing it to adapt to new situations and expand its authority beyond explicitly stated functions, much like a rubber band can stretch. This flexibility, also called the Necessary and Proper Clause, allows Congress to create laws for unforeseen needs, like establishing a national bank or regulating commerce, proving crucial for governing over time.
Why is it called the elastic clause?
This 'necessary and proper' clause, then, allows the government to stretch beyond its literal description; that's why the clause is often nicknamed the elastic clause, since its flexibility allows the government to change and grow over time.
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 does the term elastic clause mean?
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 section 8 clause 18?
Article I, Section 8, Clause 18: [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 thereof.
The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series
What is the importance of article I section 8 clause 18?
It reads that Congress has the legislative 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 thereof.” The Necessary and Proper Clause—also ...
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 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 is clause 18 known as?
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.
How does the elastic clause affect U.S. today?
The Elastic Clause allows Congress to create laws necessary for executing its powers. It is essential for adapting federal legislation to meet modern needs. The clause is synonymous with the Necessary and Proper Clause. Understanding this clause can help individuals navigate federal laws effectively.
Why is article 1 section 8 often referred to as the elastic clause or the Necessary and Proper Clause?
The Necessary and Proper Clause is often called the Elastic Clause because it caused the powers of Congress to snap.
What is the purpose of the clause?
The purpose of a clause is to define specific rights, obligations, or conditions that the parties involved in the agreement must abide by. For this reason, legal clauses are written in a precise language that helps avoid ambiguity and define the roles and expectations of all the parties.
What Supreme Court case involved the elastic clause?
McCulloch v. Maryland. Significance: In this, one of its most significant decisions, the Supreme Court broadly interpreted the elastic clause to uphold Congress's authority in establishing the Bank of the United States, thereby providing a foundation for federal involvement in the economy.
What is the nickname for the Necessary and Proper 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...
What is the significance of the Necessary and Proper Clause in article I section 8 of the U.S. Constitution?
The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such ...
What are all the clauses in the Constitution?
constitutional clauses
- Commerce Clause.
- Confrontation Clause.
- Commander-in-Chief Clause.
- Due Process Clause of the Fifth Amendment.
- Due Process Clause of the Fourteenth Amendment.
- Equal Protection Clause of the Fourteenth Amendment.
- Full Faith and Credit Clause.
- General Welfare 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 was Amendment 18 proposed?
The amendment came as a result of roughly a century of reform movements. Early temperance advocates aimed to reduce alcohol consumption and prevent alcoholism, drunkenness, and the disorder and violence it could result in. Theses early efforts promoted temperate consumption with hopes for eventual prohibition.
What is the purpose of this section of article I section 8?
Article I, Section 8, specifies the powers of Congress in great detail. These powers are limited to those listed and those that are “necessary and proper” to carry them out. All other lawmaking powers are left to the states.
Why is it nicknamed 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 elastic?
Some common synonyms of elastic are flexible, resilient, springy, and supple.
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 most powerful clause in the Constitution?
Article VI Section 2 of the Constitution is where the National Supremacy Clause, or Federalism Clause, is found and it states that the Constitution is the supreme law of the land. All state laws are inferior to the Supremacy Clause and all state officials, courts and actions have to abide by this as well.
What are the 4 types of clauses?
The four main types of clauses are Independent, Dependent (Subordinate), Adjective (Relative), and Noun Clauses, with independent clauses forming complete sentences, dependent clauses needing an independent clause, adjective clauses modifying nouns, and noun clauses functioning as nouns within a sentence, all containing a subject and verb.
What is the most controversial constitutional amendment?
The 42nd Constitutional Amendment Act, 1976 is one of the most significant and controversial amendments to the Constitution of India, often referred to as the “Mini Constitution” due to the extensive and wide-ranging changes it introduced.