Elastic Clause

The Americans tendency to treat rules more as guidelines even extends to their Constitution. In Article 1 Section 8 of the US Constitution there is a clause which is known colloquially as the Elastic Clause.

This clause gives Congress the ability to add, remove, or change laws as its members see fit. This can include in the judicial system – if a person breaks a law, the court can decide to ignore it and grant the accused clemency, or if a person doesn’t break a law and is taken to court, the court can decide that he/she is guilty anyway.