What else is the Necessary and Proper Clause called?
Asked by: Virgie Walker | Last update: February 15, 2026Score: 4.1/5 (53 votes)
The Necessary and Proper Clause is also known as the Elastic Clause, because it allows Congress to stretch its powers to meet changing national needs, and historically it was called the "Sweeping Clause" by opponents during ratification. It grants Congress the power to make all laws "necessary and proper" for executing its enumerated powers, acting as a source for implied powers.
What is another name for Necessary and Proper Clause?
47 (2014) ( [The Framers] referred to the last clause of Article I, Section 8 as the 'Sweeping Clause. ' ). The terms Elastic Clause, Basket Clause, and Coefficient Clause are also occasionally used to refer to this provision.
What is the nickname for the Necessary and Proper Clause?
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...
What is the Necessary and Proper Clause?
It reads that Congress has the legislative 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—also ...
What is the Necessary and Proper Clause also called the elastic clause?
The Elastic Clause, also known as the Necessary and Proper Clause, is a provision in the U.S. Constitution that grants Congress the power to pass laws deemed necessary for executing its enumerated powers.
The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series
What is the unitary executive theory?
In U.S. constitutional law, the unitary executive theory is a theory according to which the president of the United States has sole authority over the executive branch.
What is the conflict over the meaning of the Necessary and Proper Clause?
The conflict over the meaning of the Necessary and Proper Clause is reflected in the opposing views of strict constructionists and liberal constructionists over the power of Congress.
What is an elastic clause?
The Elastic Clause, found in Article I, Section 8 of the U.S. Constitution, empowers Congress to create laws deemed necessary and proper for executing its enumerated powers.
What is the Necessary and Proper Clause quizlet?
The Necessary and Proper Clause (Article I, Section 8, Clause 18) gives Congress the power to make laws "necessary and proper" for executing its enumerated powers, acting as the Elastic Clause by allowing for implied powers beyond explicitly listed ones, enabling government flexibility (like creating an IRS to collect taxes) but sparking debate over strict vs. liberal interpretations (e.g., McCulloch v. Maryland), according to various Quizlet study sets.
Why is the clause controversial?
The Supremacy Clause generated significant controversy during debates over the Constitution's ratification. Anti-Federalist opponents of the Constitution argued that the Clause would make the national government overly powerful and infringe on state sovereignty.
Why is it called the sweeping clause?
During the ratification debates, opponents dubbed it the “sweeping clause” and the “general clause,” arguing that it subverted the principle of enumerated powers by sweeping general legislative competence to Congress.
What is the name clause in a contract?
The "Contract Names" clause defines how parties and entities are identified throughout the agreement. It typically specifies that certain names, abbreviations, or defined terms will be used consistently to refer to the parties involved, such as referring to "ABC Corporation" as "Seller" and "XYZ LLC" as "Buyer".
What is a constitutional clause?
Simple Definition of constitutional clauses
Constitutional clauses are distinct provisions or sections within the U.S. Constitution and its Amendments. Many of these clauses are given specific names for reference and are frequently the subject of legal interpretation and debate regarding their meaning and application.
What is the nickname given to the Necessary and Proper Clause?
It is often referred to as the elastic clause or coefficient clause due to its broad interpretation by the Supreme Court, which has granted Congress implied powers to fulfill its duties effectively.
What are the 4 types of constitutional powers?
The four main types of constitutional powers in the U.S. system, dividing authority between federal and state governments, are Enumerated (Expressed) (specifically listed, like taxing), Implied (not listed but necessary, via the Necessary & Proper Clause, like national bank), Concurrent (shared by federal/state, like taxing), and Reserved (held by states, 10th Amendment, like education), alongside Denied Powers (forbidden to government).
What is the War Powers Resolution?
The War Powers Resolution (also known as the War Powers Resolution of 1973 or the War Powers Act) (50 U.S.C. ch. 33) is a federal law intended to check the U.S. president's power to commit the United States to an armed conflict without the consent of the U.S. Congress.
What else is the Necessary and Proper Clause known as?
The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. Article 1, Section 8, Clause 18 of the Constitution reads: "The Congress shall have Power ...
Why is the Necessary and Proper Clause also called the elastic clause?
This 'necessary and proper' clause, then, allows the government to stretch beyond its literal description; that's why the clause is often nicknamed the elastic clause, since its flexibility allows the government to change and grow over time.
What has the Necessary and Proper Clause of the Constitution been used to do Quizlet?
What is the Necessary and Proper Clause and why is it important? The Necessary and Proper Clause is important because it allows Congress to exercise implied powers not explicitly provided for in the Constitution.
What is clause 18 known as?
Clause 18 Necessary and Proper Clause
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.
What does Article 3 Section 2 clause 3 mean?
Article III, Section 2, Clause 3 of the U.S. Constitution guarantees a jury trial for all federal criminal cases, except impeachment, ensuring the trial occurs in the state where the crime was committed, or as Congress directs if outside a state, protecting citizens from being tried far from home for federal crimes.
What is an example of the elastic clause being used?
One example of the Elastic Clause in action is the establishment of the Federal Reserve System. Congress used its authority under the Elastic Clause to create a central banking system to manage the nation's monetary policy effectively.
What is another word for the Necessary and Proper Clause?
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. Chief Justice Marshall's classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day.
Why is the Necessary and Proper Clause so controversial?
Historically, most of the controversy surrounding the meaning of the Necessary and Proper Clause has centered on the word “necessary.” In the 1790s during the Washington administration, and again two decades later in the Supreme Court, attempts to create a national bank in order to aid the nation's finances generated ...
What is the Necessary and Proper Clause in the Constitution Quizlet?
The Necessary and Proper Clause (Article I, Section 8, Clause 18) gives Congress the power to make laws "necessary and proper" for executing its enumerated powers, acting as the Elastic Clause by allowing for implied powers beyond explicitly listed ones, enabling government flexibility (like creating an IRS to collect taxes) but sparking debate over strict vs. liberal interpretations (e.g., McCulloch v. Maryland), according to various Quizlet study sets.