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.
Oct 26, 2021 · The Elastic Clause, also known as the Necessary and Proper Clause, is the last of 18 powers of Congress listed in Article I, Section 8 of the United States Constitution.
Aug 14, 2019 · The "Necessary and Proper Clause," formally drafted as Clause 18 of Article 1 of the U.S. Constitution and also known as the elastic clause, is one of the most powerful and important clauses in the Constitution. Clauses 1–17 of Article 1 enumerate all of the powers that the government has over the legislation of the country.
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.
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.
Oct 30, 2022 · Article 1, Section 8, Clause 18 — the Elastic Clause — is often misconstrued as a delegated power provided to the federal government to do anything it wants if it’s not already written in law inside the Constitution. But that’s not actually what it says.
The terms Elastic Clause, Basket Clause, and Coefficient Clause are also occasionally used to refer to this provision. See Devotion Garner & Cheryl Nyberg , Popular Names of Constitutional Provisions , Univ. of Wash. Sch. of Law , https://lib.law.uw.edu/ref/consticlauses.html#oth (listing these terms as popular name[s] for the provision).