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Concept
Necessary and Proper Clause
Summary
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 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. Since the landmark decision McCulloch v. Maryland, the US Supreme Court has ruled that this clause grants implied powers to US Congress in addition to its enumerated powers.
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). Thus, the Continental Congress had no powers incidental to those "expressly delegated" by the Articles of Confederation. By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, which no other clause in the Constitution does so by itself.
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. Anti-Federalists expressed concern that the clause would grant the federal government boundless power, but Federalists argued that the clause would permit only execution of powers that had been granted by the constitution. Alexander Hamilton spoke vigorously for the second interpretation in Federalist No. 33. At the time, James Madison concurred with Hamilton and argued in Federalist No. 44 that without the clause, the constitution would be a "dead letter." At the Virginia Ratifying Convention, Patrick Henry took the opposing view by saying that the clause would lead to limitless federal power, which would inevitably menace individual liberty.
Official source
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