Which clause allows Congress to take actions not explicitly listed in the Constitution?

Study for the Taft Law School Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The correct answer refers to the Elastic Clause, also known as the Necessary and Proper Clause. This clause is found in Article I, Section 8 of the U.S. Constitution and grants Congress the authority to enact laws that are deemed necessary and proper for executing its enumerated powers. This broad interpretation empowers Congress to address issues and exercise functions not expressly outlined in the Constitution.

The Elastic Clause effectively allows for flexibility in governance, enabling Congress to adapt to new challenges and circumstances as the nation evolves. This adaptability is crucial because the framers of the Constitution recognized that it would be impossible to anticipate every future legislative need.

While other options mentioned serve important roles within the Constitution, they do not provide Congress with the same degree of legislative flexibility. For example, the Due Process Clause primarily addresses legal rights and protections of individuals, and the Full Faith and Credit Clause deals with the recognition of laws and judicial decisions across states. Each has a specific function that does not pertain to the creation of implied powers for Congress. Thus, the Elastic Clause is distinctive in its role of empowering Congress to take actions beyond those explicitly stated in the Constitution.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy