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. Literally, the clause grants the authority to Congress to create and enforce any law that is necessary and proper. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day. 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. Scalia opined that the necessary and proper clause does not apply to implementing treaties. The case reaffirmed Hamilton's view that legislation reasonably related to express powers was constitutional. Select one: a. 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. The "Necessary and Proper Clause," is also known as the "elastic clause" or the "coefficient clause." . ", As Marshall put it, the Necessary and Proper Clause "purport[s] to enlarge, not to diminish the powers vested in the government. of The Origins of the Necessary and Proper Clause, Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, Guy I. Seidman. It is found in Article 1, Section 8, Clause 18. The necessary and proper clause is also referred to as the elastic clause. Article 1, Section 8 of the US Constitution is known as the Elastic Clause [1], also known as the Necessary and Proper Clause. [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. Rev. The Necessary and Proper Clause is also known as which of the following listed below? ” pertains to powers not expressly given to Congress in the United States Constitution . James Wilson proposed the “necessary and proper” clause as a substitute, authorizing laws “for carrying into Execution” the “other” federal powers. The answer would be B- The necessary and proper clause. But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out 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. Standard Overview. 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. [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. ", Martin Kelly, M.A., is a history teacher and curriculum developer. 2. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. 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. 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. What were reasons for the failure of the League of Nations? 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. The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. This clause is also known as the Necessary and proper clause. U.S. Constitution, Article 1, Section 8. Several implementations of the Commerce Clause (Clause 3) have been the target of debates over the use of the Elastic Clause. 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. taxisoda. 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. 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. ) Madison, his contrary claims from the Federalist Papers were read aloud in Congress: [ 4.... Congress the power to tax that Bank and sale of marijuana in one form or have... 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