Having a Flexible Constitution is vital for our government to function. Two things that are included in our constitution are the Elastic Clause and the presentation of its general framework. The Elastic Clause is in the
Constitution under Section Eight, Clause 18. In its framework, it has four overriding parts: popular control without majority rule, limitation of governmental power, federalism, and having a tripartite government.
The Elastic Clause (also known as the Necessary and Proper Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause), is a provision located in Section Eight, Clause 18 of the United States Constitution. This clause states that “The Congress shall have power… To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any department of Office thereof.” What this means, is that this clause gives the Congress the power to create laws that are necessary and proper for carrying out the enumerated list of powers.
The General Framework of the US Constitution has four overriding parts: popular control without majority rule, limitation of governmental power, federalism, and having a tripartite government. Within popular control, it states that there cannot be majority rule, as the framers of the Constitution believed that the popular majority must be represented in a federal legislature. One house of the legislature represented majority will, while another house checked on the first. While limiting the governmental power was important, the first objective was to spell out and grant the necessary power for what Alexander Hamilton called an “energetic” government. The framers then granted 18 specific powers to Congress, however, Article 1, Section 9 listed a large amount of things that Congress was not allowed to do. For the president, having a four year term was believed to be long enough to ensure presidential independence, but it also served as a limitation. The framers provided for a separation of powers, as well as a system of checks and balances, and this was used to diffuse the amount of power to one branch. Federalism is another big part of the general framework. Our government could not be concluded as a double sovereignty, and, the federal system only granted the national government to exercise the power it was granted, but it had supreme authority in those areas. A tripartite government, meaning three coordinate governments, was the most emphasized section of our Constitution. The framers felt that the Legislative Branch might tend to predominate, so, the Executive Branch would be higher up to balance out the Legislative. However, because of this, the Judiciary Branch doesn’t get a complete power share.
Both of these things are vital within our flexible Constitution. The Elastic Clause gives Congress certain powers within our government, and the general framework was the basics for how our government should work. Our Constitution is written in such a way that we are able to “edit” it, while still being able to keep the peace among the government and the people.
Constitution under Section Eight, Clause 18. In its framework, it has four overriding parts: popular control without majority rule, limitation of governmental power, federalism, and having a tripartite government.
The Elastic Clause (also known as the Necessary and Proper Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause), is a provision located in Section Eight, Clause 18 of the United States Constitution. This clause states that “The Congress shall have power… To make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any department of Office thereof.” What this means, is that this clause gives the Congress the power to create laws that are necessary and proper for carrying out the enumerated list of powers.
The General Framework of the US Constitution has four overriding parts: popular control without majority rule, limitation of governmental power, federalism, and having a tripartite government. Within popular control, it states that there cannot be majority rule, as the framers of the Constitution believed that the popular majority must be represented in a federal legislature. One house of the legislature represented majority will, while another house checked on the first. While limiting the governmental power was important, the first objective was to spell out and grant the necessary power for what Alexander Hamilton called an “energetic” government. The framers then granted 18 specific powers to Congress, however, Article 1, Section 9 listed a large amount of things that Congress was not allowed to do. For the president, having a four year term was believed to be long enough to ensure presidential independence, but it also served as a limitation. The framers provided for a separation of powers, as well as a system of checks and balances, and this was used to diffuse the amount of power to one branch. Federalism is another big part of the general framework. Our government could not be concluded as a double sovereignty, and, the federal system only granted the national government to exercise the power it was granted, but it had supreme authority in those areas. A tripartite government, meaning three coordinate governments, was the most emphasized section of our Constitution. The framers felt that the Legislative Branch might tend to predominate, so, the Executive Branch would be higher up to balance out the Legislative. However, because of this, the Judiciary Branch doesn’t get a complete power share.
Both of these things are vital within our flexible Constitution. The Elastic Clause gives Congress certain powers within our government, and the general framework was the basics for how our government should work. Our Constitution is written in such a way that we are able to “edit” it, while still being able to keep the peace among the government and the people.