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 ...
An example of the elastic clause being used in this way can be found in the case of Missouri v. Holland. By the end of this case in the year 1920, the Supreme Court decided that Congress was in the right when using the elastic clause to implement and extend the terms of a treaty that had already been negotiated and ratified. The Other Side
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.
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.
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 Marshall's landmark 1819 opinion in McCulloch v. Maryland.
Elastic Clause. After providing Congress with a long list of specific powers, Article I, Section 8 granted Congress authority to make all laws that are “necessary and proper” to implement those powers. Because this broad phrase covers such an extensive sweep of activities, it has been called the “elastic clause.”. Donald Ritchie, Our ...
Oct 30, 2022 · The “Elastic Clause” of the United States Constitution can be found in Article 1, Section 8 of the document. This snippet more formally referred to the Necessary and Proper Clause was controversial during its writing and implemented as Clause 18.