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  1. The last clause of Article I, Section 8, commonly referred to as the elastic clause or the necessary and proper clause, enables Congress “to make all Laws which shall be necessary and proper for carrying” out its constitutional responsibilities. While the enumerated powers define the policy areas in which the national government has ...

  2. Alison L. LaCroix, The Shadow Powers of Article I, 123 Yale L.J. 2044, 2061 (2014) (describing McCulloch as the lodestar for understanding the [Necessary and Proper] clause); Stephen Gardbaum, Rethinking Constitutional Federalism, 74 Tex. L. Rev. 795, 814 (1996) (Analysis of the Necessary and Proper Clause has historically begun and ended with ...

  3. Although the Necessary and Proper Clause is therefore implicated in many cases examining the extent of Congress’s power under, for example, the Commerce Clause, those decisions are primarily addressed elsewhere in the Constitution Annotated, under the particular enumerated federal power at issue.13 Footnote See e.g., ArtI.S8.C1.1.1 Overview ...

  4. In order to understand the Constitution you must understand the elastic clause and the tenth amendment or you are #losing. So take four minutes and prepare y...

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  5. ); see generally John Mikhail, The Necessary and Proper Clauses, 1 02 Geo. L.J. 1 045, 1 059 & n.47 (20 1 4) ([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.

  6. Alison L. LaCroix, The Shadow Powers of Article I, 123 Yale L.J. 2044, 2061 (2014) (describing McCulloch as the lodestar for understanding the [Necessary and Proper] clause); Stephen Gardbaum, Rethinking Constitutional Federalism, 74 Tex. L. Rev. 795, 814 (1996) (Analysis of the Necessary and Proper Clause has historically begun and ended with ...

  7. The Clause also requires states to give Full Faith and Credit to the Records[ ] and judicial Proceedings of every other State. 5 Footnote U.S. Const. art. IV, § 1. The Supreme Court’s interpretation of the Clause has shifted over time. 6 Footnote See generally ArtIV.S1.3.2 Modern Doctrine on Full Faith and Credit Clause.

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