What is the term for the clause that gives Congress the authority to use both expressed and implied powers?

Enhance your understanding of American Government with our Abeka Test 3 prep. Dive into multiple-choice questions, flashcards, and detailed explanations to ace your exam.

The term that gives Congress the authority to use both expressed and implied powers is correctly identified as the Necessary and Proper Clause. This clause is found in Article I, Section 8 of the U.S. Constitution. It allows Congress to make laws that are necessary and proper for carrying out its enumerated powers.

This flexibility enables Congress to adapt to changing needs and challenges over time, facilitating the creation of legislation that may not have been anticipated by the framers of the Constitution. While the Elastic Clause is often used synonymously with the Necessary and Proper Clause due to its capacity to "stretch" the powers of Congress, the precise term from the Constitution is the Necessary and Proper Clause.

The Supremacy Clause, located in Article VI, establishes that federal law takes precedence over state laws when there is a conflict, while the Due Process Clause refers to legal guarantees provided to individuals before they can be deprived of life, liberty, or property. Understanding these distinctions is crucial as it helps clarify the scope of congressional power and the framework of federalism in the United States.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy