Why is the Necessary and Proper Clause in the Constitution sometimes called the elastic clause?
Asked by: Deven Johns | Last update: January 31, 2026Score: 4.2/5 (62 votes)
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.
Why is the Necessary and Proper Clause called the elastic clause?
The "necessary and proper" clause is also called the elastic clause because it enables Congress to stretch, or expand, its powers.
Is the Necessary and Proper Clause also called the elastic clause True False?
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...
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 purpose of the Necessary and Proper Clause in the Constitution?
Singleton, 361 U.S. 234, 247 (1960) ( The [Necessary and Proper Clause] is not itself a grant of power, but a caveat that the Congress possesses all the means necessary to carry out the specifically granted 'foregoing' powers of [Article I, Section 8] 'and all other Powers vested by this Constitution.
The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series
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 of the Constitution sometimes called?
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.
Which branch has the Necessary and Proper Clause or the elastic 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 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.
Why did the founding fathers include the elastic clause?
The Clause's name reflects its purpose: to stretch the powers of Congress to include situations the founding fathers did not anticipate. Prior to the adoption of the Constitution, the powers of the Continental Congress were limited to those expressly delegated in the Articles of Confederation.
What is the Necessary and Proper Clause quizlet?
The Necessary and Proper Clause allows Congress "To make all Laws which shall be necessary and proper for carrying into Execution the Powers. McCulloch v. Maryland was the first case in which the U.S. Supreme Court applied the Necessary and Proper Clause.
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 meaning of necessary and proper?
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 does the elastic clause have the name elastic?
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.
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.
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 ...
What is a clause for dummies?
Clauses are just like sentences. They have a verb and a subject. Clauses are different from phrases, as phrases generally do not have a subject and predicate. Phrases make some sense, but they withhold information.
When has the Necessary and Proper Clause been used?
The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. The Necessary and Proper Clause has been used in cases, including challenges about Obamacare, legalizing marijuana, and collective bargaining.
What is the purpose of the contract clause and how does it affect state regulation?
—The Contract Clause provides that no state may pass a “Law impairing the Obligation of Contracts,” and a “law” in this context may be a statute, constitutional provision, 2074 municipal ordinance, 2075 or administrative regulation having the force and operation of a statute.
Why does the Constitution include the Necessary and Proper Clause, also called the elastic clause?
Hamilton argued that the elastic clause had to be broadly interpreted as granting whatever additional powers would assist Congress in carrying out its enumerated powers. The clause allowed Congress to do not just what was indispensable but also whatever was convenient or helpful to achieving its ends.
What does elastic clause mean?
Definition & meaning
The Elastic Clause, also known as the Necessary and Proper Clause, is a provision in the U.S. Constitution that grants Congress the authority to create laws that are essential for executing its enumerated 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.
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 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.
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.