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What Is the Elastic Clause? 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 of the U.S. Constitution provides Congress the power to fulfill its legal powers. Also known as the "elastic clause," it was written into the Constitution in 1787. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank.
); 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.
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.
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 ...
Nov 21, 2023 · Updated: 11/21/2023. Table of Contents. What is the Elastic Clause? History of the Necessary and Proper Clause. Ratified Constitution Includes The Elastic Clause. Why is the Elastic...
Nov 11, 2015 · The Necessary and Proper Clause, often referred to as the “ Elastic Clause ,” pertains to powers not expressly given to Congress in the United States Constitution, but which may be necessary and proper to accomplish their constitutional charges.
