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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 ...
Justice Ginsburg concurred in the judgment in part and dissented in part. Joined by Breyer, Sotomayor, and Kagan, she would have upheld the individual mandate under the Commerce Clause and Necessary and Proper Clause: [54] Congress had a rational basis for concluding that the uninsured, as a class, substantially affect interstate commerce.
Case history; Prior: Motion to dismiss denied, 801 F. Supp. 655 (S.D. Fla. 1992); reversed, 11 F.3d 1016 (11th Cir. 1994); cert. granted, 513 U.S. 1125 (1995).: Holding; Congress does not have the power under the Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state ...
Gonzales v. Raich (previously Ashcroft v.Raich), 545 U.S. 1 (2005), was a decision by the U.S. Supreme Court ruling that, under the Commerce Clause of the U.S. Constitution, Congress may criminalize the production and use of homegrown cannabis even if state law allows its use for medicinal purposes.
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 ...
United States v. Kebodeaux, 570 U.S. 387 (2013), was a recent case in which the Supreme Court of the United States held that the Sex Offender Notification and Registration Act (SORNA) was constitutional under the Necessary and Proper Clause. [1]