The Elastic Clause And The Commerce Clause Essay

The Elastic Clause And The Commerce Clause Essay

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Throughout the course of time the elastic clause and the commerce clause has been utilized in court cases and arguments. With time the clauses have changed the fit into the change of society. As represented by various court cases. A variation of interpretations has been drawn out within the time frame of its establishment. A loose and strict interpretation has been implemented in the constitution depending on point of views. Although, the interpretation of the constitution is strictly restricted to the Judicial Branch as concluded in the court case Marbury Versus Madison. The elastic clause is known as congress has the power to do what is “Necessary and Proper”. In contrast, commerce clause is, often, limited with concerning trading issues. Thus concluding, the Elastic Clause has more power rather than the Commerce clause.
The Commerce Clause is referred to as an enumerated power listed in the United States Constitution. The clause states that the United States Congress shall have the power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have often to discussed each of these three areas of commerce as a separate power granted to Congress. It is common to see the individual components of the Commerce Clause referred to which are; The Foreign Commerce Clause, the Interstate Commerce Clause, and the Indian Commerce Clause. Dispute co-exists within the courts as to the range of powers granted to Congress by the Commerce Clause. More specifically, the clause is often paired with the Necessary and Proper, in other words the Elastic Clause to provide tremendous power. The combination used to take a broad, expansive perspective of these powers. However, the ...


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...l as new found interpretation and modifications. However, the effect of the Commerce Clause has varied significantly depending on the Supreme Court 's interpretation. Moreover, making the Commerce power is limited. As shown in various cases; the Elastic Clause hold within power. Granted that gives a looser interpretation for congress to work with. In the court case Maryland Versus McCulloch, left Congress with the power to control the traffic as it crossed the state line giving congress power of Commerce. This court case expanded the power of the Commerce Clause vastly, but, not sufficient enough to hold more power against the Elastic Clause. Although, many might object claiming the commerce clause is more powerful the issue is the clause is restricted towards solely commerce. Once again the Elastic Clause states congress can do what they deem necessary and proper.

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