Elastic Clause

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What are the different categories of powers granted by the Constitution? The different categories of power granted by the Constitution are the delegated powers, implied powers, and reserved powers. What is the elastic clause? What is its constitutional basis? The elastic clause is also known as the necessary and proper clause because it stretches national government authority. The final clause of Section 8 authorizes Congress to make all laws necessary and proper for carrying out the delegated powers. The constitutional basis of the elastic clause is under the final paragraph of Article I, Section 8. It enables the Congress to pass special laws to demand other sections of the government to pursue legal actions on particular claims. After having …show more content…

Maryland 1819 - Marshall denied a state right to tax a national bank. This was a significant Court declaration of national power. Barron v. Baltimore 1833 - Ruled that state governments could not seize property without compensation. Dred Scott V. Sanford 1857 - ruled that Congress did not have the power to prohibit slavery in the territories. Are the supporters of the states’ rights doctrine in favor of a narrow or broad interpretation of the implied powers doctrine? Why do you need to be a member? The supporters of the states’ rights doctrine are in favor of a narrow interpretation of the implied powers doctrine. This is because a narrow interpretation limits the range of federal power, which keeps more independence for the states individually. Based on what we studied in class, is the U.S. Congress allowed to adopt laws making distinction/classification among people? When does the U.S. Supreme Court use strict judicial scrutiny? The U.S. Congress is allowed to adopt laws making distinction/classification among people. At the same time, the adopted laws have to abide by the rules stated in the Constitution (specifically to the Fourteenth Amendment). The Fourteenth Amendment limits the government from refusing to give equal rights to people. An example of this is the Jim Crow Laws that we discussed in class. These laws enforce segregation and discrimination against African Americans dealing with schools, transportation, bathrooms, etc. The Jim Crow Laws promote

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