What is the clause that allows Congress to make laws that are necessary and proper?
Asked by: Shanon Cummings | Last update: February 6, 2026Score: 4.5/5 (34 votes)
The Necessary and Proper Clause refers to Clause 18 under Article I, Section 8 of the Constitution.
Which clause allows Congress to make Laws that are necessary and proper?
Article I, Section 8, Clause 18: [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.
What does the Necessary and Proper Clause do for Congress?
The Necessary and Proper Clause, which gives Congress power to make “all Laws which shall be necessary and proper for carrying into Execution” other federal powers, is precisely this kind of incidental-powers clause.
What is Article 1 Section 8 Clause 2?
Article I, Section 8, Clause 2: [The Congress shall have Power . . . ] To borrow Money on the credit of the United States; . . . Knox v. Lee (Legal Tender Cases), 79 U.S. (12 Wall.)
What does Article 3 Section 2 Clause 3 mean?
Clause 3 Trials
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Why Is The Necessary And Proper Clause So Important To Congress? - Inside the Legislative Branch
What is Article 1 Section 9 Clause 7?
Article I, Section 9, Clause 7 of the United States Constitution states: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
What is the Article 4 Section 4?
Section 4 Republican Form of Government
The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
What is Section 9 of the Constitution?
9. (1) Everyone is equal before the law and has the right to equal protection and benefit of the law. (2) Equality includes the full and equal enjoyment of all rights and freedoms.
What is Article 1 Section 5 Clause 4?
Clause 4 Sessions
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
What is the Article 7 of the Constitution?
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
What is the Necessary and Proper Clause and the 10th Amendment?
There is an inherent tension between the necessary and proper clause and the 10th Amendment. While the necessary and proper clause states Congress can make the laws needed to carry out its Constitutional functions, the 10th Amendment states powers not delegated to the federal government are given to the states.
What is the name for powers produced by the Necessary and Proper Clause?
The Elastic Clause gives Congress implied powers necessary and proper to execute its enumerated powers. For example, the Constitution specifically allows Congress to collect taxes but does not mention the creation of a National Bank.
What is another name for elastic 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 in simple terms?
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 ...
Why is it called the elastic clause?
Legal Definitions - Elastic Clause
This provision is called "elastic" because it allows Congress to expand its legislative authority beyond explicitly listed powers to fulfill its constitutional responsibilities.
What is the name of the specific clause which gives Congress the power to make laws?
The Necessary and Proper Clause (Art. I, § 8, cl. 18) gives Congress the authority to make laws needed to carry out its enumerated powers. This clause ensures Congress has the means to implement the powers spelled out in the Constitution, reinforcing the scope of the enumerated list.
What is clause 5 of the Constitution?
This Act, and all laws made by the Parliament of the Commonwealth under the Constitution, shall be binding on the courts, judges, and people of every State and of every part of the Commonwealth, notwithstanding anything in the laws of any State; and the laws of the Commonwealth shall be in force on all British ships, ...
What is the Article 1 Section 2 Clause 2?
Clause 2 Qualifications
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
What is the Article 1 Section 9 Clause 7?
Article I, Section 9, Clause 7: No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
What is the Article 9 clause?
Article 9, Constitution of India 1950
No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any foreign State.
What is Section 72 of the Constitution?
Removal of justices from office. Section 72 of the Constitution provides that justices may only be removed from office by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity.
What is Section 10 of the Constitution?
10. Human dignity. Everyone has inherent dignity and the right to have their dignity respected and protected.
What is the Article 1 Section 10 Clause 1?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...
What is the Article 4 Clause 2?
Clause 2 Interstate Extradition
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
What is the Article 12 of the Constitution?
Definition. In this part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.