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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 ...
Necessary and Proper Clause: I: 8: 18 Orders, Resolutions, and Votes Clause: I: 7: 3 Origination Clause: I: 7: 1 Presentment Clause: I: 7: 2-3 Privileges and Immunities Clause: IV: 2: 1 Property Clause [citation needed] IV: 3: 2 Qualifications Clause [citation needed] I: 2: 1 Qualifications (of Senators) Clause [citation needed] I: 3: 3 ...
Many powers of Congress have been granted under a broad interpretation of Article 1, section 8. Most notably, Clauses 1 (the General Welfare or Taxing and Spending clause), 3 (the Commerce clause), and 18 (The Necessary and Proper clause) have been deemed to grant expansive powers to Congress.
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.
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."
This is an accepted version of this page This is the latest accepted revision, reviewed on 25 October 2024. 1819 United States Supreme Court case McCulloch v. Maryland Supreme Court of the United States Argued February 21 – March 3, 1819 Decided March 6, 1819 Full case name James McCulloch v. The State of Maryland, John James [a] Citations 17 U.S. 316 (more) 4 Wheat. 316; 4 L. Ed. 579; 1819 ...
Classic in upholding Section 302 in federal elections under the Congressional Elections Clause and the Necessary and Proper Clause, [187] and not to enforce the Equal Protection Clause as argued by Associate Justices William J. Brennan, Byron White, and Thurgood Marshall in a single opinion and William O. Douglas in a separate opinion. [188]
Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit 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 ...