Announcement

Collapse
No announcement yet.

An important history question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • An important history question

    Can anyone cite examples of Amendments and the elastic clause and how they guarantee flexibility in the constitution?

  • #2
    We covered that earlier this year (not the amendments part)

    BRB, getting my history book to help.

    The elastic clause (clause 18), a.k.a. necessary and proper clause, implies that Congress has powers beyond those express in the first 17 clauses. It "stretches" its powers to meet situations the Founders could never have anticipated.

    McCullock v. Maryland:
    The Supreme Court favored a broad interpretation.

    Congress usually uses regulating commerse (clause 3) and the elastic clause as a way to make new laws.

    Gibbons v. Ogden:
    Made it clear that the authority of Congress to regulate interstate commerce.

    Heart of Atlanta Motel v. United States
    Congress had the authority to prohibit such discrimination under both equal protection clause and the commerce clause. With the commerce clause, the Court explained that hotels and motels are invoved in intersate commerce and that Congress had ample evidence to conclude that racial discrimination by hotels and motels impedes interstate commerce. That evidence was sufficient for Congress to invoke its commerce clause authority and enact a law prohibiting racial discrimination in public accommodations.
    (The court noted that public places of accommodation served interstate travelers and sold food that had crossed state lines) ((This decision indicated that the Court was willing to allow Congress broad commerce powers, eve in areas that were not economic.))

    Sorry that took so long.
    Last edited by Twerp; 12-14-2005, 08:33 PM.

    Comment


    • #3
      To what extent did piracy stifle the maritime trade in the Mediterranean in the 16th and 17th centuries, and why was resistance so limited?
      Originally posted by Facetious
      edit: (Money just PMed me his address so I can go to Houston and fight him)

      Comment

      Working...
      X