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Legal Definitions - Elastic Clause

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Definition of Elastic Clause

The Elastic Clause, also known as the Necessary and Proper Clause, is a clause in the United States Constitution that allows Congress to make laws that are "necessary and proper" for carrying out its enumerated powers.

For example, if Congress has the power to regulate interstate commerce, it can use the Elastic Clause to pass laws that are necessary and proper for regulating that commerce, such as laws that establish safety standards for commercial vehicles.

The Supreme Court has interpreted the Elastic Clause broadly, giving Congress the implied power to enact any law that is reasonably designed to achieve an express constitutional power. This means that Congress has a lot of flexibility in how it uses the Elastic Clause to pass laws that are necessary and proper for carrying out its powers.

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Simple Definition

The Elastic Clause, also known as the Necessary and Proper Clause, is a part of the United States Constitution that allows Congress to create laws that are necessary and appropriate for carrying out its powers. This means that Congress can make laws that are not specifically listed in the Constitution, but are still needed to fulfill its duties. The Supreme Court has interpreted this clause to give Congress the power to pass any law that is reasonably related to its constitutional powers.

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