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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 ...
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]
Marshall also explained in the case that the Necessary and Proper Clause does not require all federal laws to be necessary and proper and that federal laws that are enacted directly pursuant to one of the expressed, enumerated powers granted by the Constitution do not need to comply with the Necessary and Proper Clause, which "purport[s] to ...
Naturalization Clause: I: 8: 4 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 ...
Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the country. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers.
Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by the Constitution] in the manner most beneficial to the people," [122] even if that action is not itself within the enumerated powers.
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".
Madison then argues at length for the Necessary and Proper Clause, noting that no part of the constitution had come under more attack. He states flatly that the clause is "invulnerable" and that without it the constitution would be a "dead letter."