In the end, it was decided that these activities were related to constitutional powers, and the bank was formed. For this reason, the elastic clause is also sometimes called the basket clause, the coefficient clause, or the sweeping clause. The elastic clause could be considered a way to legally handle issues that the founding fathers might not have considered when creating the Constitution.
For example, in McCulloch v. Maryland, Congress chartered the second bank of the United States in In , Maryland passed legislation allowing them to tax the bank, but James W. McCulloch, a cashier at the Baltimore branch, refused to pay it.
The case was brought before the Supreme Court, which unanimously voted that Congress did have the power to establish a bank.
It also established that Maryland did not have the power to tax the bank. Enumerated, or listed and numbered, powers are the numbered powers the Constitution gives Congress.
Because of the broad range of interpretations of the Constitution, there is still some debate on how many powers Congress has. While Article I, Section 8 contains a list of enumerated powers, there are anywhere from 30 to 35 enumerated powers. These include not only Article I, Section 8, but other articles and amendments to the Constitution.
Thus, unenumerated powers has been recognized as an acceptable use of Congressional power, provided it can be called necessary and proper. For instance, one of the most recent uses of the elastic clause was during the universal healthcare debate. Congress determined that it was both necessary and proper to pass the healthcare resolution, as the well-being of the public was at stake.
As James Madison wrote in Federalist No. Congress was granted tremendous political power by the founders. The Constitution lists a number of specific powers entrusted to Congress. Congress is assigned the power to declare war and to raise an army and navy. Congress has the right to propose amendments to the Constitution and to create new states. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;.
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;.
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;.
To exercise exclusive Legislation in all Cases whatsoever, over such District not exceeding ten Miles square as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And.
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 second was that the demand for seduction schooling was elastic. There may even be a clause in her contract by which she has to agree to certain content restrictions. Accordingly, the question "How far does the note issue under the new system seem likely to prove an elastic one?
The sputum of more advanced cases resembles that of chronic bronchitis, with the addition of tubercle bacilli and elastic fibers. He added that lessening clause, remembering, quite simply, how much more brilliant he was than Nigel.
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