The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress...

the Necessary and Proper Clause has been controversial, especially during the early years of the country. Strict constructionists interpret the clause to...

that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers necessary and proper for the exercise...

conflicts with Congress and its legislative powers, in addition to its powers to delegate under the Necessary and Proper Clause. The Reagan administration...

Most notably, Clauses 1 (the General Welfare or Taxing and Spending clause), 3 (the Commerce clause), and 18 (The Necessary and Proper clause) have been...

originalists might argue, for example, that the Commerce Clause and Necessary and Proper Clause do not authorize economic legislation dating back to the...

granted to Congress by the Commerce Clause. As noted below, it is often paired with the Necessary and Proper Clause, and the combination used to take a more...

recommend, as he alone is the "judge" of what is "necessary and expedient". Unlike the Necessary and Proper Clause of Article I, which limits Congress's discretion...

from the Constitution's Necessary and Proper Clause which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution...

and its suppliers and supporters. Necessary and Proper Clause The elastic clause which gives Congress the power to do whatever is deemed "necessary and...

the "general welfare clause" and the "necessary and proper clause" gave elasticity to the Constitution. Hamilton won the argument and Washington signed the...

which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal...

Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation...

of the federal necessary and proper clause. As with many state constitutions, it explicitly provides for the separation of powers and incorporates its...

from Attorney General Edmund Randolph and Thomas Jefferson. Jefferson dismissed the Necessary and Proper Clause as reasoning for the creation of a national...

the Congressional Elections Clause and the Necessary and Proper Clause. Harlan and Stewart, Burger, and Blackmun dissented and argued that Section 302 as...

preemption Commandeering Intergovernmental immunity Interposition Necessary and Proper Clause States' rights Section 109 of the Constitution of Australia –...

Establishment Clause Free Exercise Clause Free Speech Clause Free Press Clause Free Assembly Clause Petition Clause Search and Seizure Clause Double Jeopardy...

phrases and clauses that had led to disagreement among U.S. states, including a Supremacy Clause, a Commerce Clause, and a Necessary and Proper Clause. The...

(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...

individual mandate was not a proper use of Congress's Commerce Clause or Necessary and Proper Clause powers, although they did not join in a single opinion....

the Necessary and Proper Clause allows Congress to enact a law that authorized the U.S. Department of Justice (DOJ) to detain a mentally ill and dangerous...

Votes", while the Necessary and Proper Clause states that "Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into...

right to levy taxes, declare war, and regulate interstate and foreign commerce. In addition, the Necessary and Proper Clause gives the federal government the...

enumerated powers in Article I of the Constitution, and therefore looked to the Necessary and Proper Clause to see whether it authorized Congress to subject...

Naturalization Clause or the Necessary and Proper Clause, to provide that a certain act would constitute expatriation." Immigration and Naturalization...

implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause and from its legislative powers...

allowed for an expansive reading of the powers implied by the Necessary and Proper Clause. When James Madison introduced the Tenth Amendment in Congress...

Congress specifically cites the Necessary and Proper Clause for its authority. Under the Necessary and Proper Clause, it is specifically provided that...

power to spend arising specifically from this clause have been questioned, with the Necessary and Proper Clause being suggested as the actual source of Congress's...