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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 ...
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 ...
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 ...
James W. McCulloh (1789–1861) was an American politician and cashier from Baltimore. [2] He is known for being a party in the landmark U.S. Supreme Court case McCulloch v. . Maryland (1819), which held that Congress has implied powers under the Necessary and Proper Clause, and its valid exercise of those powers are supreme over the states.
The necessary and proper clause has been interpreted extremely broadly, thereby giving Congress wide latitude in legislation. The first landmark case involving the clause was McCulloch v. Maryland (1819), which involved the establishment of a national bank.
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 bill] became a law" in 1791, and as the law was "[a]n exposition of the Constitution, deliberately established by legislative acts... [and] not to be lightly disregarded", the Court concluded that whether Congress had the authority to incorporate a bank by the time of the McCulloch decision could "scarcely be considered as an open question".
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".