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The Necessary and Proper Clause, also known as the Elastic Clause, [1] 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 ...
The Speech or Debate Clause is a clause in the United States Constitution (Article I, Section 6, Clause 1).The clause states that "The Senators and Representatives" of Congress "shall in all Cases, except Treason, Felony, and Breach of the Peace, be privileged from Arrest during their attendance at the Session of their Respective Houses, and in going to and from the same; and for any Speech or ...
There is ongoing legal debate about the constitutionality of the National Popular Vote Interstate Compact in the United States. At issue are interpretations of the Compact Clause of Article I, Section X , and states ' plenary power under the Presidential Electors Clause of Article II, Section I .
Hamilton notes that the Necessary and Proper Clause and the Supremacy Clause "have been the source of much virulent invective and petulant declamation against the proposed Constitution." This stirs up much of the issues amongst the people due to the uncertainty of the consequences of granting the government "too much power".
The "necessary and proper" clause of the Constitution also allows Congress to enact laws that mandate oversight by its committees, grant relevant authority to itself and its support agencies, and impose specific obligations on the executive to report to or consult with Congress, and even seek its approval for specific actions.
The debate today depends on whether, in 1868, foreigners were considered 'subject to the jurisdiction' of the United States. They weren't. Opinion: Trump's executive order on birthright ...
The congressional delegation theory argued that removal powers would need to be delegated by Congress in law. Under the theory, Congress would have the power to grant authority to remove officials under the Necessary and Proper Clause. It also reasoned that since Congress was implied to have the Constitutional power to create executive offices ...
to enforce "by appropriate legislation" the Thirteenth, Fourteenth, and Fifteenth Amendments to the United States Constitution (a function of the Constitution's Necessary and Proper clause); [39] to propose, by a two-thirds vote, constitutional amendments for ratification by three-fourths of the states pursuant to the terms of Article V. [ 38 ]