Why is the necessary and proper clause in the Constitution sometimes called the “elastic clause”? (1 point)
A. It stretched the power of the Supreme Court
B. It can stretch the powers of Congress
C. It is used to stretch the powers of the president
D. It stretches the power of the states
B. It can stretch the powers of Congress
To determine why the necessary and proper clause in the Constitution is sometimes called the "elastic clause," we need to understand its purpose and context.
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."
The term "elastic" is often used to describe this clause because it enables Congress to stretch or expand its legislative powers beyond the specifically enumerated powers listed in the Constitution. The clause grants Congress the authority to pass laws that are necessary and proper to execute its enumerated powers.
Considering the given options:
A. It stretched the power of the Supreme Court: This option is incorrect as the necessary and proper clause primarily refers to the powers of Congress, not the Supreme Court.
B. It can stretch the powers of Congress: This option is the correct answer. The necessary and proper clause allows Congress to stretch or extend its powers, as it grants Congress the authority to pass laws that are necessary and proper to carry out its enumerated powers.
C. It is used to stretch the powers of the president: This option is incorrect. The necessary and proper clause primarily relates to the legislative powers of Congress, not the powers of the president.
D. It stretches the power of the states: This option is incorrect. The necessary and proper clause does not directly impact or stretch the powers of the states.
Therefore, the necessary and proper clause is sometimes called the "elastic clause" because it allows Congress to stretch or expand its legislative powers beyond those explicitly listed in the Constitution. The correct answer is B. It can stretch the powers of Congress.