Search results
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... 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 in any Department or Officer the
First, no matter what your interpretation of the clause is, it is generally held that in order for a law that Congress wants to pass to be covered under the elastic clause, there are three different requirements: 1) The law passed has to be necessary. 2) The law passed has to be proper. 3) The law passed has to be used to carry into execution ...
Aug 17, 2016 · The Elastic Clause specifically states that Congress shall have the authority …. “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers …”. Other names for the Elastic Clause include the “Basket Clause,” the “Coefficient Clause,” and the “Sweeping Clause.”.
); see generally John Mikhail, The Necessary and Proper Clauses, 102 Geo. L.J. 1045, 1059 & n.47 (2014) ([The Framers] referred to the last clause of Article I, Section 8 as the ‘Sweeping Clause.’). The terms Elastic Clause, Basket Clause, and Coefficient Clause are also occasionally used to refer to this provision.
People also ask
Where can I find the elastic clause?
What is the elastic clause?
Can a law be covered under the elastic clause?
What are other names for the elastic clause?
All of the foregoing, however, assumes that the right way to interpret the Necessary and Proper Clause is to pick apart its individual words and give each key term an independent meaning. That is not the only way to interpret the clause. Instead, one might look at the clause as a single, undifferentiated provision and try to discern the range ...
The Necessary and Proper Clause—also sometimes called the Elastic Clause, Coefficient Clause, or Basket Clause—concludes Section 8’s list of enumerated powers by vesting in Congress the authority to use all means “necessary and proper” to execute those powers. Since the landmark Supreme Court case of McCulloch v.
NECESSARY AND PROPER CLAUSE Scope and Operation. The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. Chief Justice Marshall’s classic opinion in McCulloch v.
