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...
Aug 17, 2016 · The Elastic Clause, also known as the “Necessary and Proper Clause,” is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as ...
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.
The elastic clause is arguably one of the most important and heavily debated parts of the Constitution, especially when it comes to limiting federal power and protecting states’ rights. It is also one of the most commonly misunderstood clauses.
Aug 14, 2019 · The "necessary and proper" clause in the Constitution, also known as the "elastic" clause, provides a great deal of power to the government.
This section first reviews the history of the Necessary and Proper Clause’s inclusion in the Constitution and its role in the ratification debates. Next, the section turns to the early judicial interpretation of the Clause, culminating in the Chief Justice John Marshall’s landmark 1819 opinion in McCulloch v. Maryland.
This residual clause—called at various times the “Elastic Clause,” the “Sweeping Clause,” and (from the twentieth century onward) the “Necessary and Proper Clause”—is the constitutional source of the vast majority of federal laws.
May 10, 2024 · The Necessary and Proper Clause, known as the Elastic Clause, is a crucial part of the U.S. Constitution that grants Congress the power to make laws that are necessary and proper for carrying out its duties.
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. Maryland 1845 set the standard in words that reverberate to this day. “Let the end be legitimate,” he ...
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.
