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The Necessary and Proper Clause, which gives Congress power to make “all Laws which shall be necessary and proper for carrying into Execution” other federal powers, is precisely this kind of incidental-powers clause.
ArtI.S8.C18.3.4 The Necessary and Proper Clause Doctrine: The Meaning of Proper. [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 the United States, or in any Department or Officer ...
ArtI.S8.C18.1 Overview of Necessary and Proper Clause. Article I, Section 8, Clause 18: [ Th e Congress shall have Power . . . ] To make all Laws which shall be necessary and proper for carrying into Execution th e foregoing Powers, and all o th er Powers vested by th is Constitution in th e Government of th e United States, or in any ...
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.
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 ...
Necessary and Proper Clause. 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 the United States, or in any Department or Officer thereof. Article I. Section 8. Clause 26.
Building on the foundation established by McCulloch, modern Necessary and Proper Clause doctrine holds that the Clause permits any federal legislation that is “convenient” or “useful” to the exercise of federal power—that is, any “means that is rationally related to the implementation of a constitutionally enumerated power.” 1.
