• 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...
    14 KB (1,827 words) - 12:21, 26 January 2024
  • Necessary and Proper Clause has been controversial, especially during the early years of the republic. Strict constructionists interpret the clause to...
    20 KB (2,313 words) - 23:09, 22 April 2024
  • Thumbnail for Article One of the United States Constitution
    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...
    152 KB (19,939 words) - 04:37, 16 April 2024
  • 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...
    23 KB (2,472 words) - 13:18, 6 March 2024
  • 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...
    49 KB (6,638 words) - 22:00, 27 March 2024
  • under the Congressional Elections Clause and the Necessary and Proper Clause, and not to enforce the Equal Protection Clause as argued by Associate Justices...
    104 KB (11,967 words) - 17:10, 20 March 2024
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    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...
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  • Implied powers (category Legal doctrines and principles)
    the "general welfare clause" and the "necessary and proper clause" gave elasticity to the Constitution. Hamilton won the argument and Washington signed the...
    5 KB (645 words) - 19:33, 1 February 2024
  • 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....
    67 KB (7,905 words) - 04:37, 1 December 2023
  • preemption Commandeering Intergovernmental immunity Interposition Necessary and Proper Clause States' rights Section 109 of the Constitution of Australia –...
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  • Naturalization Clause or the Necessary and Proper Clause, to provide that a certain act would constitute expatriation." Immigration and Naturalization...
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  • Thumbnail for Glossary of American politics
    and its suppliers and supporters. Necessary and Proper Clause The elastic clause which gives Congress the power to do whatever is deemed "necessary and...
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  • the Congressional Elections Clause and the Necessary and Proper Clause. Harlan and Stewart, Burger, and Blackmun dissented and argued that Section 302 as...
    12 KB (1,056 words) - 21:57, 21 September 2023
  • Establishment Clause Free Exercise Clause Free Speech Clause Free Press Clause Free Assembly Clause Petition Clause Search and Seizure Clause Double Jeopardy...
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  • Thumbnail for 2024 presidential eligibility of Donald Trump
    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...
    403 KB (36,562 words) - 22:38, 27 April 2024
  • which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal...
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  • Thumbnail for Constitution of the United States
    Court has sometimes broadly interpreted the Commerce Clause and the Necessary and Proper Clause in Article One to allow Congress to enact legislation...
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    allowed for an expansive reading of the powers implied by the Necessary and Proper Clause. When James Madison introduced the Tenth Amendment in Congress...
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  • originalists might argue, for example, that the Commerce Clause and Necessary and Proper Clause do not authorize economic legislation dating all the way...
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  • Thumbnail for Constitution of the Confederate States
    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...
    48 KB (5,533 words) - 23:48, 15 February 2024
  • Thumbnail for Powers of the United States Congress
    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...
    33 KB (3,641 words) - 18:58, 13 January 2024
  • 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...
    45 KB (5,683 words) - 03:50, 26 August 2023
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    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...
    186 KB (17,050 words) - 12:26, 25 April 2024
  • (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...
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  • Thumbnail for Constitution of Texas
    of the federal necessary and proper clause. As with many state constitutions, it explicitly provides for the separation of powers and incorporates its...
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    War Powers Resolution (category United States federal defense and national security legislation)
    Congress specifically cites the Necessary and Proper Clause for its authority. Under the Necessary and Proper Clause, it is specifically provided that...
    43 KB (4,719 words) - 06:37, 16 April 2024
  • Gonzales v. Raich (category United States Commerce Clause case law)
    the Lopez and Morrison decisions), Scalia said his understanding of the Necessary and Proper Clause caused him to vote for the Commerce Clause with Raich...
    28 KB (3,116 words) - 23:32, 25 April 2024
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    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...
    208 KB (21,032 words) - 13:25, 26 April 2024
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    other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause, which grants Congress the power to...
    62 KB (6,502 words) - 18:11, 15 March 2024
  • Thumbnail for Eleventh Amendment to the United States Constitution
    delegated to Congress necessarily include, by virtue of the Necessary and Proper Clause or otherwise, the incidental authority to subject the States...
    15 KB (1,596 words) - 09:15, 8 March 2024