How did the elastic clause of the Constitution support a loose interpretation of the Constitution?

How did the elastic clause of the Constitution support a loose interpretation of the Constitution?

The Elastic Clause was a loose interpretation because if the laws were necessary and proper, (and not strictly stated in the Constitution) then they would be accepted.

What was the loose construction of the Constitution?

Loose Constructionism is the judicial philosophy whereby the Constitution is interpreted loosely, typically reading between the lines, to extract a meaning. When practicing loose constructionism, justices will take an issue and look at the context of it, and then at the constitution.

What was strict vs loose construction?

Strict construction describes a philosophy of constitutional interpretation that emphasizes a narrow reading of the plain text of the U.S. Constitution. Loose construction describes an approach that emphasizes the ways that historical context should change the way we interpret constitutional provisions.

What is a consequence of the elastic clause?

So, in effect, the Elastic Clause gives Congress the Implied Power to use all appropriate means required to execute its Expressed Powers.

Why is a loose interpretation of the Constitution good?

A flexible interpretation allows for issues of civil rights and justice to be settled more efficiently, because it takes only one case for a landmark decision granting rights to minorities to be made, an example being Brown v. Board of Education.

What does it mean to have a loose interpretation of the Constitution?

Alexander Hamilton and his followers favored a loose interpretation of the Constitution, which meant they believed that the document permitted everything that it did not expressly forbid. This contrasted sharply with Thomas Jefferson’s strict interpretation.

Why is loose construction important?

Loose construction, also known as broad construction, holds that legal interpretation requires applying knowledge from outside the Constitution’s text, such as history, scientific findings, and political circumstances.

What is meant by the term loose constructionist?

Definition of loose constructionist : an advocate of loose construction (as of a statute or constitution) specifically : one favoring a liberal construction of the Constitution of the U.S. to give broader powers to the federal government — compare elastic sense 4a, strict constructionist.

What are the implications of the elastic clause and where is it found in the Constitution?

The U.S. government’s ability to adapt to changing times lies within the elastic clause. The elastic clause is actually the ‘necessary and proper’ clause found in Article I, Section 8, of the U.S. Constitution. The elastic clause grants the government implied powers which allows it to adapt to modern needs.

What type of powers result from the elastic clause?

a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

What does loose Constitution mean?

Loose construction is the belief that the Constitution is a dynamic, living document that must change as the nation develops. Loose constructionists do not feel bound by the original intent of the Founding Fathers.

Who favored loose construction?

1. Although Madison favored a loose construction when considering Congress’s power to construct lighthouses, care for merchant seamen, and engage in scientific inquiry, he argued for a strict construction when opposing the Bank of the United States.

What does loose interpretation of the Constitution mean?

Why do you think the framers of the Constitution decided to include the elastic clause?

In general, the main purpose of this “elastic” clause, also known as the “sweeping” or “general clause,” is to give Congress the flexibility to get the other 17 enumerated powers achieved.

What are examples of actions taken by Congress that were based on the elastic clause?

For example, the Constitution specifically allows Congress to collect taxes but does not mention the creation of a National Bank. Alexander Hamilton argued that, under the Elastic Clause, Congress’s expressed, enumerated power to tax and to manage trade gave it the implied power to create a National Bank.

What is the elastic clause and why is it so significant?

The elastic clause is what gives Congress the ability to carry out the enumerated powers. It is also important to understand because it is such a controversial and debated clause.

What did the loose Constructionist believe?

Loose construction is the belief that the Constitution is a dynamic, living document that must change as the nation develops. Loose constructionists do not feel bound by the original intent of the Founding Fathers. They argue that the Founders were practical, pragmatic leaders who did not cast doctrine in concrete.