Necessary and Proper Clause
Definition
The Necessary and Proper Clause, also known as the Elastic Clause, is a section of the U.S. Constitution that allows Congress to make laws that are necessary for carrying out its other powers.
Analogy
Think of the Necessary and Proper Clause like a stretchy waistband on a pair of pants (the Constitution). It allows for flexibility (making new laws) to accommodate different situations or needs (carrying out other powers).
Related terms
Enumerated Powers: Specific powers granted to Congress by the U.S. Constitution.
Implied Powers: Powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the enumerated powers.
McCulloch v. Maryland: A landmark Supreme Court case that established broad congressional power under the Necessary and Proper Clause.
"Necessary and Proper Clause" appears in:
Study guides (4)
Practice Questions (5)
What is the Necessary and Proper Clause also known as?
What is the purpose of the Necessary and Proper Clause?
How has the Necessary and Proper Clause shaped current interpretations of Congress' powers?
What effect does the Necessary and Proper Clause have on Congressional powers?
What does the Necessary and Proper Clause allow Congress to do?
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