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The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. This clause has been described as the most elastic phrase in the Constitution, and it grants Congress the power to make all laws that are necessary and proper for executing the powers vested in the government by the Constitution. The interpretation of this clause has been a contentious issue, with some arguing that it grants Congress too much power. The Supreme Court has interpreted the clause as an extension of the powers of the federal government, and it has been used to justify a wide range of federal laws, from antidiscrimination laws to labor laws.
| Characteristics | Values |
|---|---|
| Modern Term | Necessary and Proper Clause |
| Historical Term | Sweeping Clause |
| Alternative Names | Elastic Clause, Basket Clause, Coefficient Clause |
| Article | Article I, Section 8 |
| Powers | Enumerated Powers, Implied Powers, Incidental Powers |
| Landmark Decision | McCulloch v. Maryland |
| Supporters | Alexander Hamilton, James Madison |
| Opponents | Patrick Henry |
| Interpretation | Broad, Narrow |
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What You'll Learn
- The Necessary and Proper Clause is also called the Elastic Clause
- The Elastic Clause is the constitutional source of most federal laws
- The Clause grants incidental powers to Congress
- The Clause's interpretation has been a bone of contention between political parties
- The Clause has been used to defend the constitutionality of a national bank
The Necessary and Proper Clause is also called the Elastic Clause
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. It states that:
> "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 of the United States, or in any Department or Officer thereof."
This clause is considered to be one of the most important provisions in the Constitution, as it is the constitutional source of the vast majority of federal laws. It grants Congress the authority to use all means necessary and proper for executing its express powers, including all implied and incidental powers that are conducive to the beneficial exercise of an enumerated power. The Supreme Court has interpreted the Necessary and Proper Clause as an extension of the powers vested in the Federal Government, notably Congress's enumerated Article I powers.
The interpretation of the Necessary and Proper Clause has been a contentious issue, with Anti-Federalists expressing concern that the clause would grant the federal government boundless power. However, Federalists, including Alexander Hamilton and James Madison, argued that the clause would only permit the execution of powers granted by the Constitution. The Supreme Court's landmark decision in McCulloch v. Maryland (1819) sided with this interpretation, giving Congress broad authority to determine what is "necessary" for implementing federal powers. This decision established that federal laws could be necessary without being "absolutely necessary".
The Necessary and Proper Clause has been invoked in various cases, such as United States v. Comstock, which evaluated a federal statute allowing for the civil commitment of a federal prisoner beyond their term if they posed a sexual violence or child molestation risk. The majority opinion in Comstock upheld the statute, considering factors like the historic breadth of the Necessary and Proper Clause, federal involvement, and the statute's accommodation of state interests.
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The Elastic Clause is the constitutional source of most federal laws
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. It states that:
> 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 of the United States, or in any Department or Officer thereof.
The Elastic Clause has been a powerful bone of contention between political parties, with Anti-Federalists expressing concern that the clause would grant the federal government boundless power. Federalists, on the other hand, argued that the clause would only permit the execution of powers granted by the Constitution. The interpretation of the Elastic Clause is crucial in American constitutional law, as a narrower scope could call into question many federal laws that have been taken for granted.
The Elastic Clause has been invoked in various cases, such as United States v. Comstock, which evaluated a federal statute allowing for the civil commitment of a federal prisoner beyond their term of imprisonment if they posed a sexual threat. The majority opinion in Comstock upheld the statute, considering the historic breadth of the Elastic Clause, the history of federal involvement, and the statute's accommodation of state interests.
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The Clause grants incidental powers to Congress
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. It is considered the most elastic phrase in the Constitution. The Clause grants incidental powers to Congress, stating that:
> 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 of the United States, or in any Department or Officer thereof.
This clause has been interpreted as granting Congress implied powers in addition to its enumerated powers. The Supreme Court, in McCulloch v. Maryland, ruled that federal laws could be necessary without being "absolutely necessary". This decision affirmed that the Clause grants Congress the authority to use all means necessary and proper for executing its express powers, including incidental powers that are conducive to the beneficial exercise of an enumerated power.
The inclusion of the Necessary and Proper Clause in the Constitution was a response to the shortcomings of the Articles of Confederation, which had limited federal power to only those powers expressly delegated to the United States. The Clause was controversial during the debates over the ratification of the Constitution, with Anti-Federalists expressing concern that it would grant the federal government boundless power. Federalists, including Alexander Hamilton and James Madison, argued that the Clause would only permit the execution of powers granted by the Constitution and was necessary to ensure the effectiveness of the Constitution.
The interpretation of the Necessary and Proper Clause has continued to be a point of contention between political parties, with practical examples of this contention arising as early as 1791 with the establishment of the First Bank of the United States. Hamilton used the Clause to defend the constitutionality of the bank, arguing that it was a reasonable means of carrying out powers related to taxation and the borrowing of funds. Madison, concerned about potential exploitation by monied aristocrats, argued that Congress lacked the constitutional authority to charter a bank. This example highlights the ongoing debate over the scope and application of the Necessary and Proper Clause in granting incidental powers to Congress.
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The Clause's interpretation has been a bone of contention between political parties
The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. It states that:
> 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 of the United States, or in any Department or Officer thereof.
The interpretation of this clause has been a bone of contention between political parties, with the Democratic-Republican Party, the Federalist Party, and several other political parties disagreeing over its meaning. The Federalists, including Alexander Hamilton, argued that the clause would permit only the execution of powers that had been granted by the Constitution. On the other hand, Anti-Federalists like Patrick Henry expressed concern that the clause would grant the federal government boundless power, threatening individual liberty.
The Necessary and Proper Clause has been interpreted by the Supreme Court as granting implied powers to Congress in addition to its enumerated powers. This interpretation was solidified in McCulloch v. Maryland, where the Court sided with Hamilton, giving Congress broad authority to determine what is "necessary" for implementing federal powers. This case set a precedent for a broad interpretation of the clause, allowing Congress to stretch its enumerated powers to fit its needs.
The first practical example of the contention over the clause's interpretation came in 1791, when Hamilton used it to defend the constitutionality of the First Bank of the United States. He argued that the bank was a reasonable means of carrying out powers related to taxation and borrowing funds. Madison, however, argued that Congress lacked the constitutional authority to charter a bank. This disagreement highlighted the differing interpretations of the Necessary and Proper Clause, with Hamilton taking a broader view of congressional power and Madison advocating for a more limited interpretation.
The debate over the interpretation of the Necessary and Proper Clause continues to have relevance today, with some scholars arguing for a broader interpretation that provides constitutional authorization for much of the existing federal machinery. Others, however, maintain that a narrower interpretation is correct, calling into question the validity of many federal laws that have been taken for granted. The correct interpretation of this clause remains one of the most important questions in American constitutional law.
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The Clause has been used to defend the constitutionality of a national bank
The Necessary and Proper Clause, also known as the Elastic Clause, has been used to defend the constitutionality of a national bank. This clause, found in Article I, Section 8 of the US Constitution, grants Congress the 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 of the United States, or in any Department or Officer thereof."
The Elastic Clause has been a subject of debate and interpretation, with the Supreme Court interpreting it as an extension of the powers vested in the Federal Government, particularly Congress's enumerated powers under Article I. The clause has been invoked in several significant cases, including McCulloch v. Maryland in 1819, which addressed the issue of Federal power and commerce.
In McCulloch v. Maryland, the Supreme Court ruled that the Federal Government had the right and power to establish a Federal bank and that states did not have the authority to tax the Federal Government. Chief Justice John Marshall played a pivotal role in this decision, concluding that "the power to tax involves the power to destroy." Marshall's interpretation of the Elastic Clause was pivotal in this case, as he asserted that the clause permits Congress to pursue objectives while exercising its enumerated powers, provided that those objectives are not expressly forbidden by the Constitution.
The McCulloch v. Maryland case set a precedent for interpreting the Elastic Clause and solidified its role in expanding Federal power. The clause has been described as necessary and proper, indicating that it authorises the national legislature to pass laws deemed necessary and appropriate for executing the express powers granted to Congress. This interpretation grants Congress implied and incidental powers beyond those explicitly enumerated in the Constitution.
The Elastic Clause has been a contentious issue, with Anti-Federalists expressing concern that it grants the Federal Government boundless power. However, Federalists, including Alexander Hamilton, argued that it only permits the execution of powers granted by the Constitution. The interpretation of this clause has had a significant impact on the balance of power between the Federal Government and individual states, with the McCulloch v. Maryland case serving as a landmark decision in favour of expanding Federal authority.
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Frequently asked questions
The most elastic phrase in the US Constitution is the Necessary and Proper Clause, also known as the Elastic Clause.
The Necessary and Proper Clause is a clause in Article I, Section 8 of the US Constitution. It states that Congress has the 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 of the United States, or in any Department or Officer thereof."
The Necessary and Proper Clause is considered elastic because it grants Congress implied powers in addition to its enumerated powers. This means that Congress can interpret what is "necessary" for implementing federal powers, allowing for expanded Congressional power beyond what is explicitly stated in the Constitution.
