1.Why is " elastic clause' an appropriate name for Clause 18 of Section 8 of Article l?
2.Think about what it mean to "express" something. Which powers - delegated or implied - could also be referred to as expressed powers? Why?
1.Elastic Clause is the appropriate name because name the congress can change or pass law in order to carry out their duties.
1. Correct
2. Delegated powers are expressed because they are clear and specific.
Why is it important for these powers to belong to congress rather than to individual states
why is it important for these powers to belong to congress rather that to individual states
what are those
1. The Elastic Clause, also known as the Necessary and Proper Clause, is an appropriate name for Clause 18 of Section 8 of Article I because it grants Congress the power to make all laws that are necessary and proper for carrying out its duties. The term "elastic" signifies that this clause allows Congress to stretch its legislative powers beyond what is specifically mentioned in the Constitution.
To understand why it is called the Elastic Clause, you can refer to the text of the clause itself. Clause 18 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 is often invoked by Congress to justify the passage of laws that may not be explicitly provided for in the Constitution but are deemed necessary and proper for the effective functioning of the federal government. It grants Congress a certain degree of flexibility and adaptability in enacting laws, as long as they are related to the listed powers and fall within the scope of the Constitution.
2. When we talk about something being "expressed," it means that it is clearly stated or explicitly mentioned. In the context of the powers of the federal government, both delegated powers and implied powers can be referred to as expressed powers.
Delegated powers are the powers explicitly granted to the federal government by the Constitution. These powers are clearly stated in the Constitution, primarily in Article I, Section 8. Examples of expressed or delegated powers are the power to coin money, the power to regulate interstate commerce, and the power to establish a postal service. These powers are specifically assigned to the federal government by the Constitution.
Implied powers, on the other hand, are powers that are not explicitly stated in the Constitution but are reasonably deduced or implied from the expressed powers. The authority for implied powers can be found in the necessary and proper clause, or the Elastic Clause, mentioned above. It allows Congress to enact laws that are necessary and proper for carrying out their designated powers. These implied powers are also considered expressed powers because they are authorized by the Constitution, albeit indirectly.
In summary, both delegated powers and implied powers can be referred to as expressed powers because delegated powers are explicitly granted by the Constitution, while implied powers are authorized by the necessary and proper clause, which itself is a part of the Constitution.