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Learn about the Necessary and Proper Clause, also known as the Elastic Clause, that grants Congress the power to use all means necessary and proper to execute its enumerated powers. Find out how this clause was interpreted by the Supreme Court in McCulloch v. Maryland and its implications for federalism.
Learn about the constitutional provision that gives Congress broad authority to enact laws for carrying into execution the other federal powers. Explore the historical and legal debates over the meaning of the clause and its application to various federal policies.
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power...
Learn about the history, interpretation, and scope of the Necessary and Proper Clause, which grants Congress the power to use all means necessary and proper for executing its enumerated powers. The Clause was included in the Constitution to overcome the limitations of the Articles of Confederation and has been a key issue in many Supreme Court cases.
Learn about the scope and operation of the Necessary and Proper Clause, which gives Congress the power to make laws that are necessary and proper for executing the Constitution. See examples of how this clause has been applied in various fields, such as crimes, monetary controls, and federal corporations.
After briefly reviewing th e major nineteen th century Supreme Court decisions on th e Necessary and Proper Clause following McCulloch, th e section concludes wi th a review of th e modern Supreme Court cases on th e scope of Congress’s power under th e Clause.
The Necessary and Proper Clause 1 concludes Article I’s list of Congress’s enumerated powers with a general statement that Congress’s powers include not only those expressly listed, but also the authority to use all means necessary and proper for executing those express powers.
