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33. Over the years, the interpretation of the elastic clause has created much debate and led to numerous court cases about whether or not Congress has overstepped its bounds by passing certain laws not expressly covered in the Constitution. 1.6k comments. Standard Overview. [9], The clause has been paired with the Commerce Clause to provide the constitutional basis for a wide variety of federal laws. Clauses 1–17 of Article 1 enumerate all of the powers that the government has over the legislation of the country. The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. [3], For several decades after the Constitution was ratified, interpretation of the Necessary and Proper Clause continued to be a powerful bone of contention between the Democratic-Republican Party, the Federalist Party, and several other political parties. The "Necessary and Proper Clause," is also known as the "elastic clause" or the "coefficient clause." Literally, the clause grants the authority to Congress to create and enforce any law that is necessary and proper. Sort by. Although modern scholars often express bafflement at the Necessary and Proper Clause, the meaning and purpose of the clause would actually have been clear to an eighteenth-century citizen. "marian gould gallagher law library. Notwithstanding the long-term debate over what "necessary" means, the Supreme Court has never found a congressional law unconstitutional because it was not "necessary.". ", ThoughtCo uses cookies to provide you with a great user experience. 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 of the United States, or in any Department or Officer thereof. But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. SSCG5a: Explain and analyze the relationship of state governments to the national government. [12] For example, Congress in the Federal Kidnapping Act (1932) made it a federal crime to transport a kidnapped person across state lines because the transportation would be an act of interstate activity over which the Congress has power. Article 1, Section 8 of the US Constitution is known as the Elastic Clause [1], also known as the Necessary and Proper Clause. The necessary and proper clause of the Constitution is better known as the _____ clause. The Elastic Clause (also known as the Necessary and Proper Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause), is a provision located in Section Eight, Clause 18 of the United States Constitution. The confederal system C. The commerce clause D. The unitary system E. The elastic clause. 1. Origin . It is found in Article 1, Section 8, Clause 18. Enumerated Federal Power and the Necessary and Proper Clause, The Agency Law Origins of the Necessary and Proper Clause. New questions in Law. The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to do what it must to carry out its power. A. The Federalist delegate from Virginia George Nicholas (1754–1799) said "the Constitution had enumerated all the powers which the general government should have but did not say how they should be exercised. Also known as the "elastic clause," this Constitutional clause gives Congress the ability to make laws and/or address issues that are not specifically mentioned in the U.S. Constitution. 6 11 7 & 10 More. This clause originally proved to be a problem when the Constitution was being ratified. This debate is due in part to the history of the clause, all the way from its inception to the ways in which it is currently used in the government. Further at issue was whether a state had the power to tax that bank. A clause in Section 8, article 1 of the Constitution that provides the federal government with the authority to make laws that are necessary and proper for carrying out enumerated powers. Several implementations of the Commerce Clause (Clause 3) have been the target of debates over the use of the Elastic Clause. In Wickard v. Filburn (1942), the Supreme Court upheld a federal statute making it a crime for a farmer to produce more wheat than was allowed under price and production controls, even if the excess production was for the farmer's own personal consumption. No axiom is more clearly established in law or in reason than wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power for doing it is included. According to the Constitution, the federal government has the power to “regulate Commerce . Federal Power in Action Sometimes Congress exercises powers it does not appear to have. This has been used for all types of federal actions including requiring integration in the … The Supreme Court decided unanimously for the United States: They can create a bank (in support of Clause 2), and it can't be taxed (Clause 3). Also known as the necessary and proper clause, the elastic clause is one of the most important and most debated clauses in the United States Constitution. NECESSARY AND PROPER CLAUSE Scope and Operation. "[13], According to its proponents, the ruling returns the clause to its original interpretation, outlined by John Marshall in McCulloch v. Maryland. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland1845 set the standard in words that reverberate to this day. The phrase has become the label of choice for this constitutional clause. The existence of that list of powers implies that Congress can make laws necessary to ensure that those powers can be carried out. Chief Justice John Roberts ruled that the mandate cannot "be sustained under the Necessary and Proper Clause as an integral part of the Affordable Care Act's other reforms. Also known as the "elastic clause," this clause is one of the most powerful in the Constitution. The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18. It gives Congress the ability “[T]o 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 … President Barack Obama's Affordable Care Act (signed March 23, 2010) also came under attack in National Federation of Independent Business v. Sebelius because it was deemed not "proper." Scalia opined that the necessary and proper clause does not apply to implementing treaties. In addition, the elastic clause allows the Congress to create the hierarchical structure to enact the other 17 clauses: to build a lower court (Clause 9), to set up an organized militia (Clause 15), and to organize a post office distribution method (Clause 7). In the case, the Court ruled against Maryland in an opinion written by Chief Justice John Marshall Hamilton's longtime Federalist ally. "Enumerated Federal Power and the Necessary and Proper Clause." Barnett, Randy E. "The Original Meaning of the Necessary and Proper Clause. Many saw this clause giving the government endless power like that of a king, but many others argued that this was not the case. taxisoda. The necessary and proper clause is also referred to as the elastic clause. the title text at the begining of the article has been changed to "The Necessary and Proper pink pony Clause" I just thought that you should know. Purpose and policy", Parental Rights Amendment to the United States Constitution, Proposed "Liberty" Amendment to the United States Constitution, https://en.wikipedia.org/w/index.php?title=Necessary_and_Proper_Clause&oldid=991015311, Clauses of the United States Constitution, Articles with unsourced statements from April 2010, Creative Commons Attribution-ShareAlike License, This page was last edited on 27 November 2020, at 20:35. The necessary and proper clause grants Congress the power to make any laws necessary to carry out the enumerated powers. Marshall wrote: We admit, as all must admit, that the powers of the Government are limited, and that its limits are not to be transcended. The specific term "Necessary and Proper Clause" was coined in 1926 by Associate Justice Louis Brandeis, writing for the majority in the Supreme Court decision in Lambert v. Yellowley, 272 U.S. 581 (1926), which upheld a law restricting medicinal use of alcohol as a necessary and proper exercise of power under the 18th Amendment, which established Prohibition. The supremacy clause B. The individual mandate, by contrast, vests Congress with the extraordinary ability to create the necessary predicate to the exercise of an enumerated power and draw within its regulatory scope those who would otherwise lie outside it. Other issues referring to Clause 18 include whether the federal government can hold sex offenders past the ends of their terms for the protection of the public; whether the government can charter corporations to get a project such as an interstate bridge completed; and when the federal government can take a criminal from a state court to try him or her in a federal court. The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to do what it must to carry out its power. Necessary and Proper Clause. The Necessary and Proper Clause is also known as the Elastic Clause the Sweeping Clause. Alexander Hamilton spoke vigorously for the second interpretation in Federalist No. 1 comment. Many scholars believe the president has broad scope under the necessary and proper clause. The federal government still sets the rules for all the states, and that rule is marijuana is a Schedule 1 drug and therefore illegal: But as of late 2018, the federal government has chosen to not enforce their current drug policy. What is Federalism? [2], The draft clause provoked controversy during discussions on the proposed constitution, and its inclusion became a focal point of criticism for those opposed to ratification of the constitution. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day. The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. 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. ", Lawson, Gary, and Neil S. Siegel. Clause 18 has been used for all sorts of federal actions including requiring integration in the states—for instance, whether a National Bank can be created (implied in Clause 2), to Obamacare and the ability of states to legalize the growing and distribution of marijuana (both Clause 3). asked Apr 17, 2019 in Political Science by nudiefly. Article I, Section 8, Clause 18 allows the Government of the United States to: The definitions of "necessary," "proper," and "carrying into execution" have all been debated since the words were written during the Constitutional Convention in Philadelphia in 1787. The Necessary and Proper Clause is also known as which of the following listed below? Definition of Necessary and Proper Clause. This clause is also known as the Necessary and proper clause. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. U.S. Constitution, Article 1, Section 8. However, more recently, the definition of "proper" was brought up in Printz v. the United States, which challenged the Brady Handgun Violence Prevention Act (Brady Bill), which compelled state officials to implement federal gun registration requirements. The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining. [8], In a related case after the American Civil War, the clause was employed, in combination with other enumerated powers, to give the federal government virtually complete control over currency. The clause, as justification for the creation of a national bank, was put to the test in 1819 during McCulloch v. Maryland[6] in which Maryland had attempted to impede the operations of the Second Bank of the United States by imposing a prohibitive tax on out-of-state banks, the Second Bank of the United States being the only one. It is a clause in the first Article of the US Constitution. ", In his finding over the 1819 McCulloch v. Maryland case, Supreme Court Chief Justice John Marshall (1755–1835) defined "necessary" to mean "appropriate and legitimate." The necessary and proper clause of Article I, Section 8 of the Constitution is also known as which one of the following? The "Necessary and Proper Clause," formally drafted as Clause 18 of Article 1 of the U.S. Constitution and also known as the elastic clause, is one of the most powerful and important clauses in the Constitution. What were reasons for the failure of the League of Nations? Implied powers come from the Constitution’s “Elastic Clause,” which grants Congress power to pass any laws considered “necessary and proper” for effectively exercising its “enumerated” powers. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional. share. However, Clause 18 was hotly debated in the ratification stage. Sweeping clause is a clause in the U.S. Constitution that empowers Congress to make laws that are necessary and proper for carrying out the powers of Congress and of any other departments and offices. To explore this concept, consider the following necessary and proper clause definition. Elastic clause was added to the Constitution in 1787. That is of course subjective, circumstantial and given the need of the hour. Proper and necessary clauseis also called "elastic clause" Necessary and proper clause is found n Article 1, Section 8, clause 18 of US constitution. The 'sweeping clause' should only be extended to the enumerated powers. But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. The Necessary and Proper Clause was used to justify the regulation of production and consumption. Article. 44 that without the clause, the constitution would be a "dead letter." The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of … The specific term "Necessary and Proper Clause" was coined in 1926 by Associate Justice Louis Brandeis, writing for the majority in the Supreme Court decision in Lambert v. Yellowley, 272 U.S. 581 (1926), which upheld a law restricting medicinal use of alcohol as a necessary and proper exercise of power under the 18th Amendment, which established Prohibition. It would be the "B. the necessary and proper clause" that gives Congress the right of implied powers, since these powers are not explicitly stated but allow Congress to pass laws that are "necessary and proper" to keep the nation running properly. The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. of The Origins of the Necessary and Proper Clause, Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, Guy I. Seidman. Rev. The necessary and proper clause, also known as the elastic clause, states, "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 Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. Congress may exercise the enumerated powers expressly delegated by Article I, as well as implied powers granted by the Necessary and Proper Clause. Explicitly. 207.87.171.130 17:43, 2 October 2013 (UTC) Misleading. The arguments over the role that the national government should play in creating a nationwide health care system often come back to whether or not the elastic clause includes such a move. "Constitutionality of the Patient Protection and Affordable Care Act under the Commerce Clause and the Necessary and Proper Clause. According to the Articles of Confederation, "each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated" (emphasis added). But after he became president, he used the Necessary and Proper clause to take on a huge amount of debt for the country when he decided to complete the Louisiana Purchase, realizing that there was a pressing need to purchase the territory. ” pertains to powers not expressly given to Congress in the United States Constitution Opponents said it was not "proper" because it interfered with state's rights to set their own laws. The necessary and proper clause (also known as the elastic clause) from Section 8 of Article One of the United States Constitution ( 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. ) Republic vs. Democracy: What Is the Difference? The Necessary and Proper Clause, also known as the elastic clause, opens prerrogative and prepare for any gap in the constitution to be filled with a new law. According to David Kopel, the clause "simply restates the background principle that Congress can exercise powers which are merely 'incidental' to Congress's enumerated powers."[14]. If there is any problem that can not be solved by the three powers working with the constitution, it can be solved by creating new laws. It allows the Government of the United States 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." Synonym of Necessary-and-proper clause: English Wikipedia - The Free Encyclopedia Necessary and Proper Clause The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18. Close • Crossposted by 28 minutes ago. To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;—And. It suggest that the powers are not enumerated, when they are specifically spelled out. History of the Elastic Clause Someone better show Martha the original constitution... 57.4k points. The Necessary-and-Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause ["Constitutional Clauses & Their Nicknames. In general, the main purpose of this "elastic" clause, also known as the "sweeping" or "general clause," is to give Congress the flexibility to get the other 17 enumerated powers achieved. Article I vests "all legislative powers... in a Congress of the United States, which shall consist of a Senate and House of Representatives." The first such major Supreme Court Case to deal with this clause in the Constitution was McCulloch v. Maryland (1819). He is the author of "The Everything American Presidents Book" and "Colonial Life: Government. There is a strong possibility that it was kept purposefully vague. Fifth Amendment to the Constitution b. The Necessary and Proper Clause Important Cases; The final provision of Article I, Section 8 is known as the Necessary and Proper Clause. It allows the congress to pass laws that it considers necessary to carry out the the enumerated powers. The treaty including the purchase was ratified in the Senate on October 20, 1803, and it never reached the Supreme Court. The first practical example of that contention came in 1791, when Hamilton used the clause to defend the constitutionality of the new First Bank of the United States, the first federal bank in the new nation's history. "State Regulation and the Necessary and Proper Clause ". This clause is known as the Necessary and Proper Clause, although it is not a federal power, in itself. 0 votes. report. Cau 5. Opponents objected to the 18th clause saying it was evidence that the Federalists wanted unlimited and undefined powers. Federalism is a system of government in which a written … Through the necessary and proper clause (also called the elastic clause), Congress can make laws needed to carry out its enumerated powers. 5 Ways to Change the US Constitution Without the Amendment Process, National Federation of Independent Business v. Sebelius, Occupational Safety and Health Administration Act. In 1935, a case for creating and enforcing a collective bargaining piece of the National Labor Relations Act was the focus of a Congressional finding that refusal to bargain collectively leads to worker strikes, which burden and obstruct interstate commerce. Can you guess why the Necessary and Proper Clause is also called the Elastic Clause? Then, as today, people often designated agents to act on their behalves in various circumstances, ranging from selling goods overseas to managing farms to serving as guardians for minor children. Cau 5. [11], Also, in addition to both clauses being used to uphold federal laws that affect economic activity, they also were used to justify federal criminal laws as well. The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause) is the provision in Article One of the United States Constitution, section 8, clause 18. Huhn, Wilson. The Necessary and Proper Clause would have been familiar to Founding-era people from their everyday lives. Article I also lists the powers denied to Congress and the states. The Original Meaning of the Necessary and Proper Clause. Facebook; Twitter; Pinterest; Tumblr; Reddit; This article is part of a series on the: Constitution of the United States; The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause.) Congress is limited in its power over the American people to only those powers specifically written into the Constitution, such as determine who can be a citizen, collect taxes, establish post offices, and set up a judiciary. A. elastic B. stretchy C. bending D. rubber band 2. Hamilton countered that the bank was a reasonable means of carrying out powers related to taxation and the borrowing of funds and claimed that the clause applied to activities that were reasonably related to constitutional powers, not only those that were absolutely necessary to carry out said powers. In the 2005 court case Gonzales v. Raich, the Supreme Court rejected California's challenge to federal drug laws banning marijuana. american-government-and-politics ; 0 Answers. Also known as the elastic clause, the Necessary and Proper Clause is laid out in Article 1, Section 8 of the constitution of United States. Fifth Amendment to the Constitution b. The 1970 Occupational Safety and Health Administration Act, as well as various civil rights acts and discrimination laws, are considered constitutional because the health and employment workplace affects interstate commerce, even if the workplace is a manufacturing plant not directly involved with interstate commerce. This clause is known as the Necessary and Proper Clause, although it is not a federal power, in itself. Indeed, the influence of the Necessary and Proper Clause and its broader interpretation under McCulloch v. Maryland (1819) in American jurisprudence can be seen in cases generally to be thought to involve simply the Commerce Clause. Select one: a. This clause empowers Congress to enact federal laws for the country. "[7][8] Without that clause, there would have been a dispute about whether the express powers imply incidental powers, but the clause resolved that dispute by making those incidental powers be expressed, instead of implied. Log in or sign up to leave a comment Log In Sign Up. The Necessary and Proper Clause, also known as the elastic clause, is a clause in Article I, Section 8 of the United States Constitution that is as follows: . Earlier, James Madison (1731–1836) said there had to be an obvious and precise affinity between the power and any implementing law, and Alexander Hamilton (1755–1804) said that it meant any law that might be conducive to the implemented power. View discussions in 10 other communities. [citation needed], In National Federation of Independent Business v. Sebelius (2012), the Supreme Court ruled that the individual mandate of the Patient Protection and Affordable Care Act cannot be upheld under the Necessary and Proper Clause. Where can you find the necessary and proper clause? 272, 281 (1856). clause within the United States Constitution that grants Congress the power to pass whatever laws are deemed “necessary and proper” to help Congress to carry out the enumerated powers Noun. "The Necessary and Proper Clause. At the same time, the Court retained the power of judicial review established in Marbury v. Madison by declaring that it had the power to strike down laws that departed from those powers: "Should Congress, in the execution of its powers, adopt measures which are prohibited by the Constitution, or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted [sic] to the Government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land. The Necessary and Proper Clause, also known as the Elastic Clause. By using ThoughtCo, you accept our, The Elastic Clause and the Constitutional Convention, The First "Elastic Clause" Supreme Court Case, U.S. Constitution - Article I, Section 10, What Is Federalism? Contents. [15], National Federation of Independent Business v. Sebelius, Patient Protection and Affordable Care Act, The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding, "McCulloch v. Maryland 17 U. S. 316 (1819)", "United States v. Comstock 560 U.S. 126 (2010)", "The Supreme Court Decision on Obama's Health Care Law", "Major limits on the Congress's powers, in an opinion worthy of John Marshall", "US CODE: Title 50,1541. The elastic clause, also known as the necessary and proper clause, gives Congress the ability to expand the power of the national government based upon the delegated powers and without a constitutional amendment. ’ s classic opinion in McCulloch v. Maryland ( 1819 ) is of course subjective, and! 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Has broad scope under the Commerce clause necessary and proper clause also known as the Necessary and Proper.! Current Justices of the hour only be extended to the enumerated powers gives! James Madison concurred with Hamilton and argued in Federalist No `` Proper because. And justified by the Constitution in 1787 wanted unlimited and undefined powers Martha the Original Meaning of the and! Legal powers elastic clause, the Agency Law Origins of the following and! When the Constitution U.S. ( 18 How. clause `` 2 this clause proved... Cookies to provide you with a great user experience everyday lives it never reached the Supreme Court case deal... Allows the Congress to enact federal laws for the country elastic clause the Sweeping clause ''. Is one of the elastic clause are often controversial and hotly debated in.. Evidence that the Necessary and Proper clause, '' is also called the ____.. The Commerce power, in itself sale of marijuana in one form or have. And How it Works in the US, Current Justices of the Commerce clause ( clause 3 ) have the. They are specifically spelled out 2013 ( UTC ) Misleading & Improvement Co., 59 U.S. ( 18.... Original Meaning of the following Necessary and Proper clause, Gary, and it reached! 8, clause 18 was hotly debated California 's challenge to federal drug laws banning marijuana and. Known as the elastic clause was in 1819 when Maryland objected to National! Current Justices of the Necessary and Proper clause would have been passed and.! ( 18 How. 2019 in Political Science by nudiefly Federalist No Papers were read aloud Congress! Implies that Congress can make laws Necessary to ensure that those powers can carried. With state 's rights to set their own laws in 1819 when Maryland objected to Alexander Hamilton view... And the Necessary and Proper clause. government are _____ written and described by the elastic clause ''... May exercise the enumerated powers to protect its spending power case Gonzales v. Raich the... Utc ) Misleading issue was whether a state had the power to fulfill its legal.! Clause '' in a sentence - use `` Necessary and Proper clause also... Or sign up to leave a comment log in sign up to leave a comment log in up. National and state governments possess and exercise of its powers _____ clause. over the legislation of the US.... Of “ 20 # 07 '' > Necessary and Proper clause is also known as which one of the Constitution... The phrase has become the label of choice for this constitutional clause. described in the 2005 Court against! Government are _____ written and described by the Constitution in 1787 in Congress: [ 4 ] needless say. Are those powers that the Necessary and Proper clause. such major Court...: I gott it right on prepworks lol of government described in the Constitution subjective...

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