What is the main purpose of the elastic clause or Necessary and Proper Clause?
Asked by: Edyth Larson | Last update: February 2, 2026Score: 4.5/5 (46 votes)
The main purpose of the Elastic Clause (Necessary and Proper Clause) is to grant Congress implied powers beyond those explicitly listed (enumerated) in the Constitution, allowing it to make laws "necessary and proper" for executing its specific duties, thus providing flexibility for the federal government to adapt and function effectively. It serves as a constitutional basis for implied powers, enabling Congress to pass laws supporting its enumerated powers, like taxation or regulating commerce, even if those specific supporting laws aren't detailed in the Constitution, as seen with the creation of the national bank.
What is the purpose of the elastic clause or Necessary and Proper 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.
What is the Necessary and Proper Clause in the Constitution?
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 the Necessary and Proper Clause give to Congress Quizlet?
The Necessary and Proper Clause is important because it allows Congress to exercise implied powers not explicitly provided for in the Constitution. By liberal interpretation of the provisions of the constitution, Congress has been enabled to face the changing and growing needs of modern times.
Why does the Necessary and Proper Clause alarm the antifederalists?
Antifederalists argued that a bill of rights was necessary because, the supremacy clause in combination with the necessary and proper and general welfare clauses would allow implied powers that could endanger rights.
The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series
Which purpose does the Necessary and Proper Clause have in the Constitution responses?
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 the impact of the elastic clause?
The clause allowed Congress to do what was indispensable and whatever was convenient or helpful to achieving its ends. The incorporation of a bank, for example, was constitutional because it was a useful means for Congress to carry out its delegated power to collect taxes.
What is an example of Congress relying on the Necessary and Proper Clause?
McCulloch v.
Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers.
How does the Necessary and Proper Clause relate to implied powers?
Implied power refers to the authority granted to the U.S. government that is not explicitly stated in the Constitution. Instead, these powers are inferred from the necessary and proper clause, allowing the government to take actions that are essential to execute its enumerated powers effectively.
What is the clause that 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 is the main idea of the Necessary and Proper Clause?
The Necessary and Proper Clause enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims, whether asserted by the government itself or by private persons.
What is the purpose of the clause?
The purpose of a clause is to define specific rights, obligations, or conditions that the parties involved in the agreement must abide by. For this reason, legal clauses are written in a precise language that helps avoid ambiguity and define the roles and expectations of all the parties.
What is the necessary and proper in simple terms?
Definition & meaning
The necessary and proper clause is a provision in the U.S. Constitution that allows Congress to create laws that are essential and appropriate for executing its specified powers.
Why is the Necessary and Proper Clause a source of ongoing debate?
Why is the Necessary and Proper Clause a source of ongoing debate? Congress cannot agree on how broad its implied powers should be. The wording of the clause is often undergoing revision. The clause deals with specified powers that are ambiguous and misinterpreted.
Why did the framers include the Necessary and Proper Clause elastic clause in the Constitution?
Why did the framers include the necessary and proper clause in the Constitution? To empower Congress to pass laws needed to carry out the expressed powers.
What is the significance of the Necessary and Proper Clause in article I section 8 of the U.S. Constitution?
The last paragraph of Article I, Section 8 grants to Congress the power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"--the "Necessary and Proper Clause." The proper interpretation of the Necessary and Proper Clause was the subject of a heated debate between such ...
What is the purpose of the elastic clause?
The Elastic Clause, also known as the Necessary and Proper Clause, allows Congress to exercise implied powers—necessary and proper for carrying out the enumerated powers, though not explicitly stated in the Constitution.
What is the elastic or 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 in the Constitution Quizlet?
Though Congress's powers are limited and enumerated, the Necessary and Proper Clause gives Congress the ability to enact any law that is rationally related to the implementation of a constitutionally enumerated power. Second, Congress has authorized civil commitment of federal detainees and prisoners since the 1850s.
What is a real life example of the Necessary and Proper Clause?
Comstock held that Congress possessed the legislative authority under the Constitution's necessary and proper clause1 to enact 18 U.S.C. 4248. Section 4248, enacted as part of the Adam Walsh Act, authorizes the civil commitment of sexually dangerous individuals whose release from federal custody is pending.
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.
Does the Necessary and Proper Clause increase Congress's war powers?
Jump to essay-10The Necessary and Proper Clause permits Congress to make laws necessary and proper for carrying into execution both its own powers and all other powers that the Constitution authorizes, including the President's war power under Article II of the Constitution. See U.S. Const. art. I, § 8, cl.
What is another word for the elastic clause?
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 was the Necessary and Proper Clause a concern to the anti-federalists?
Anti-Federalists feared that so broad a delegation would combine with the Supremacy Clause to give the federal government power to overturn any state laws that hindered the pursuit of its broad ends.
Why is the Necessary and Proper Clause controversial?
This broad wording is seen by some as essential for adapting to new and complex issues that the framers couldn't have anticipated. However, others argue that it grants excessive power to the federal government, potentially undermining states' rights and individual freedoms.