Elasticity Clause

[redcannon]

In the US Constitution, it says that they constituation should be treated as a living thing, that is constantly changing (or something like that). that was called the Elasticity Clause. however, I can't help but think that it gives presidents the power to take away liberties at their will (I.E. the Patriot Act)

can anyone help me out on this, my history teacher is a really strong supporter of this and I can't for the life of me figure out why.

[guerrillagrenade]

I dont have a answer to your question about the Constitution but I know every day Congress passes a lot of unread Bills. This is just common knowledge. I watch a lot of CSPAN, nothing cool about myself... kinda boring but am addicted to current politics.

[Raúl Duke]

The elastic clause, as mentioned in my AP American Government book, is based on the final paragraph of Article 1, Section 8 of the constitution. It authorizes congress to pass laws that are "necessary and proper" to carry out enumerated powers (those listed in the constitution specifically). These laws are considered "implied powers" (those not listed yet "implied" by the enumerated powers. This gives more power to the federal government over the state governments. The reason why it's called that is because it's considered to be a "rubber band" that can be stretched without breaking. (Since it is the federal Supreme Court which decides whether something is under the scope of implied powers)

In brief, it gives the Federal Government as a whole more power over the states.

[ComradeR]

however, I can't help but think that it gives presidents the power to take away liberties at their will (I.E. the Patriot Act)
Or like The Protect America Act which allows the state to eavesdrop on any communication coming in or out of the US. In effect it lets them spy on any citizen they want.

[hajduk]

Originally posted by [email protected] 19, 2007 09:20 am
The elastic clause, as mentioned in my AP American Government book, is based on the final paragraph of Article 1, Section 8 of the constitution. It authorizes congress to pass laws that are "necessary and proper" to carry out enumerated powers (those listed in the constitution specifically). These laws are considered "implied powers" (those not listed yet "implied" by the enumerated powers. This gives more power to the federal government over the state governments. The reason why it's called that is because it's considered to be a "rubber band" that can be stretched without breaking. (Since it is the federal Supreme Court which decides whether something is under the scope of implied powers)

In brief, it gives the Federal Government as a whole more power over the states.
Johnny so that mean the american government can attack anyone if they fabricated the reason like they do for Iraq, by any means necasary?

[Demogorgon]

Essentially it is a clause that gives the federal Government wiggle room when it comes to the powers it holds. In practice the constitution would have vanished without it a if they had not been able to change the powers of the federal Government from what they were in the late eighteenth century it simply would not have been possible for them to govern and they would have had to pass a new constitution.

The US constitution is extremely vague about a whole lot of stuff. That is why there is often a lot of debate in America about whether something is constitutional or not. In most countries this can be quite clear as the constitution will be specific but the American one has very vague clauses open to interpretation such as the elasticity clause. Nobody can really agree what scope the power of the federal government should be under its terms and that allows the federal government to more or less define it itself.