Q:

What does the Elastic Clause allow Congress to do?

A:

The Elastic Clause, formally known as the Necessary and Proper Clause, allows Congress to enact laws that are necessary and proper to carry out the powers given by the Constitution. Congress has the opportunity to act or create laws where the Constitution does not explicitly give the authority to act.

The Elastic Clause is found at Article I, Section 8, Clause 18 of the Constitution and reads, "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 implied powers not specifically stated in the Constitution.


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