[1 Point] (Question 1): Which of the following statements BEST describes how the necessary and proper clause led to Congress's implied powers? Please explain your answer
(Answer 1[A]: The necessary and proper clause allows Congress to expand upon the powers stated in the constitution, from which implied powers derive).
(Answer 2[B]: The necessary and proper clause allows Congress to limit states' rights, which led to congress's implied powers).
(Answer 3[C]: The necessary and proper clause limits Congress's power relative to the states in the constitution, which created implied powers).
(Answer 4[D]: The Necessary and proper clause states that the constitution is the supreme law of the land, which allowed Congress to create implied powers).
The BEST answer to the question is Answer 1[A]: The necessary and proper clause allows Congress to expand upon the powers stated in the constitution, from which implied powers derive.
The necessary and proper clause, also known as the elastic clause, is found in Article I, Section 8, Clause 18 of the United States Constitution. It states that Congress has the 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."
This clause grants Congress the authority to pass laws that are necessary and proper to effectively execute its explicitly enumerated powers. It enables Congress to go beyond its express powers and exercise implied powers in order to carry out its responsibilities.
Therefore, the necessary and proper clause allows Congress to expand upon its enumerated powers, leading to the creation of implied powers. Implied powers are those not explicitly stated in the Constitution but are necessary for the government to fulfill its functions.
The correct answer is Answer 1[A]: The necessary and proper clause allows Congress to expand upon the powers stated in the constitution, from which implied powers derive.
The necessary and proper clause, also known as the elastic clause, is found in Article I, Section 8, Clause 18 of the U.S. Constitution. It states that Congress has the power to make all laws that are necessary and proper for carrying out the powers granted to them in the Constitution.
This clause has been interpreted to mean that Congress can exercise powers beyond those explicitly listed in the Constitution, as long as those powers are related to carrying out the enumerated powers. This allows Congress to expand upon the powers stated in the Constitution, giving rise to implied powers.
Implied powers are powers that are not explicitly stated in the Constitution but are necessary for Congress to effectively carry out its enumerated powers. These powers are derived from the necessary and proper clause, as it grants Congress the authority to enact laws that are necessary and proper for fulfilling its duties.
Therefore, the necessary and proper clause led to Congress's implied powers by allowing them to go beyond the explicit powers stated in the Constitution and expand their authority to carry out their responsibilities effectively.
To determine which statement best describes how the necessary and proper clause led to Congress's implied powers, we need to review the purpose and effect of the necessary and proper clause itself.
The necessary and proper clause, also known as the "elastic clause," is found in Article I, Section 8, Clause 18 of the United States Constitution. It states that "Congress shall have the 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 clause essentially grants Congress the authority to pass laws that are necessary and proper to fulfill its constitutional responsibilities. This concept is sometimes referred to as the implied powers of Congress.
Based on this information, let's evaluate the provided statements and determine which one best fits with the purpose and effect of the necessary and proper clause:
Answer 1[A]: The necessary and proper clause allows Congress to expand upon the powers stated in the constitution, from which implied powers derive.
This statement aligns with the purpose and effect of the necessary and proper clause. It acknowledges that the clause grants Congress the ability to go beyond the explicit powers listed in the Constitution and pass laws that are necessary and proper to fulfill its duties. The expansion of powers can be seen as the source of implied powers.
Therefore, the correct answer is Answer 1[A].