Expansion Clause For Federal Power
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To borrow Money on the credit of the United States;To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;More items...
Other powers, including the approval of presidential appointments, lie solely with the Senate. The powers of Congress have been extended through the elastic clause of the Constitution, which states that Congress can make all laws that are necessary and proper for carrying out its duties.
Under Article I, Section 8 of the Constitution, Congress has the 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 any Department or Officer thereof".
Interpretations of particular clauses in the Constitution have led to an increase in federal power over time. The necessary and proper clause gives the federal government power to create laws that they deem necessary and proper, while the commerce clause gives the federal government power over interstate commerce.
In upholding the federal law, the Court announced a four-part test for evaluating the constitutionality of conditions attached to federal spending programs: (1) the spending power must be exercised in pursuit of the general welfare, (2) grant conditions must be clearly stated, (3) the conditions must be related to a
