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Necessary and Proper Clause. 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 ...
The defining example of the Necessary and Proper Clause in U.S. history was McCulloch v. Maryland in 1819. The United States Constitution says nothing about establishing a national bank. The U.S. government established a national bank that provided part of the government's initial capital.
The Necessary and Proper Clause of the Constitution permits Congress "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."
Under this doctrine of the necessary and proper clause, Congress has sweepingly broad powers (known as implied powers) not explicitly enumerated in the Constitution. However, the Congress cannot enact laws solely on the implied powers, any action must be necessary and proper in the execution of the enumerated powers.
The final Necessary and Proper Clause, also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power.
Sixth Amendment. Assistance of Counsel Clause. Compulsory Process Clause. Confrontation Clause. Impartial Jury Clause. Information Clause. Public Trial Clause. Speedy Trial Clause. Vicinage Clause.
McCulloch v. Maryland, [a] 17 U.S. (4 Wheat.) 316 (1819), was a landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress 's legislative power and how it relates to the powers of American state legislatures. The dispute in McCulloch involved the legality of the national bank and a tax that the state of Maryland imposed on it.
United States v. Comstock, 560 U.S. 126 (2010), was a decision by the Supreme Court of the United States, which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody. [1] The practice, introduced by the Adam Walsh Child Protection and Safety ...