Powers of Congress: The Elastic Clause Article & Matching for Civics

This Powers of Congress: The Elastic Clause Article & Matching Activity is a fun way to teach the sometimes difficult concept of the elastic clause (also called the “necessary and proper clause”) to middle and high school Civics, American Government, or American History students studying the Legislative Branch. 

A short article explains the basics of the Enumerated Powers of Congress, as well as describes how the elastic clause is applied by Congress to responsibilities not expressly enumerated in the Constitution. 

Students then use the Matching Activity to pair real-life examples of Congress in action to their respective Powers, as well as examples of the elastic clause carried out in real life. Hopefully, this activity will help students conceptualize the elastic clause and, through real-world examples, understand how it’s been used by Congress throughout American history.

Aligned to the Florida State Standard for Middle School Civics, SS.7.CG.3.3: Articles I, II, and III of the United States Constitution.

This activity includes:

✯ A short one-page Congress and the Elastic Clause article. The reading briefly explains the Enumerated (or Expressed) Powers of Congress, then describes how the elastic clause is then used to stretch Congressional power even further. 

✯ The two-page Congress and the Elastic Clause Matching Activity. Students match nine Expressed Powers of Congress to both an example of Congress using that power and a real-life example of Congress using the elastic clause to stretch that power even further in order to carry out their constitutional duties.

Examples of the Enumerated Powers of Congress in Action include: 

• In 1933, Congress approved FDR’s New Deal, which built over 1,300 national Post Offices, decorating many of them with murals to bring art to the nation. (Power to Establish Post Offices)
• In 2017, the Senate approved economic sanctions (trade penalties) on Russia as punishment for their attempted interference in the 2016 Presidential election. (Power to Regulate Foreign and Interstate Trade)

Examples of the Elastic Clause in Action include:

• Congress hires mail carriers, appoints a Postmaster General, and creates laws making it illegal to send dangerous substances in the mail, for the safety of Postal employees. (Power to Establish Post Offices)
• In 1932, Congress passed the Federal Kidnapping Act, which made it a federal crime to take a kidnapped person over state lines. (Power to Regulate Foreign and Interstate Trade)

✯ Three short answer questions bring the lesson to a close, checking for student comprehension. 

The elastic clause can be a tricky concept for students to grasp, and I hope this activity makes it a little easier! 

This resource comes as a non-editable PDF and contains an Answer Key.

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