Why was the elastic or Necessary and Proper Clause added to the Constitution?
Asked by: Durward Runolfsson | Last update: January 26, 2026Score: 4.4/5 (44 votes)
The Elastic or Necessary and Proper Clause was added to the Constitution to give Congress implied powers, allowing it to adapt and legislate for unforeseen issues beyond its enumerated powers, fixing the weaknesses of the Articles of Confederation where the federal government lacked flexibility and struggled to function effectively without constant amendments, ensuring the government could carry out its duties efficiently for the nation's general welfare and defense.
Why was the Necessary and Proper Clause added to the Constitution?
First, the Clause underscores that Congress possesses the authority not just to directly solve collective-action problems through use of its enumerated powers, but also to pass laws that do not themselves solve such problems but are convenient or useful to carrying into execution congressional powers that do.
Why was the elastic clause included in the Constitution?
The Elastic Clause allowed them to use implied powers to execute the enumerated powers of the Constitution. Without the Elastic Clause, every time Congress encountered a new situation, a new amendment would need to be proposed, passed, and ratified.
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.
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. Why do you think the Constitution forbids Congress from passing ex post facto laws?
The Elastic Clause Explained in 3 Minutes: The Constitution for Dummies Series
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 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 case is the Necessary and Proper Clause?
Comstock, 560 U.S. 126 (2010) The Necessary and Proper Clause allows Congress to give the federal government the power to impose civil commitment on sex offenders beyond the period that they can be held after being charged or convicted of a federal crime.
Why did the anti-federalists object to the Necessary and Proper Clause?
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.
Why did the framers think the Constitution was necessary?
The Framers of the American Constitution were visionaries. They designed our Constitution to endure. They sought not only to address the specific challenges facing the nation during their lifetimes, but to establish the foundational principles that would sustain and guide the new nation into an uncertain future.
What is the Necessary and Proper Clause in Article 1 of the Constitution?
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.
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 are the three main points of the Constitution?
U.S. Constitution: 1787-1789
- Inherent rights, or rights that anyone living in America has.
- Self-government, or Government by the people.
- Separation of powers, or branches of Government with separate powers.
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.
Why did the founders of the United States include the Necessary and Proper Clause in Pols 1301?
The necessary and proper clause, aka the elastic clause, feeds the congress the power they need to make laws to carry out. It was then added to the constitution to give the congress flexibility to handle any future conflict that wasn't in document.
Why did the federalists believe the Constitution was necessary?
The Federalist Party saw the Articles of Confederation as weak and indicative of the inevitable instability a nation will face without a strong centralized government. Thus, the party advocated heavily in favor of the Implied Powers of the President within the Constitution alongside Federal Supremacy.
Why was the Necessary and Proper Clause created?
Chief Justice John Marshall, writing for the Court, found the Necessary and Proper Clause gave Congress the flexibility to create the bank as an aid to carrying out its enumerated borrowing and taxing powers and that Maryland's taxation of the bank violated the Supremacy Clause.
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 did Federalists and Anti-Federalists disagree about the Constitution?
The Federalists contended that a stronger central government would provide a solid base from which New York could grow and prosper. The anti-Federalists clamored for a bill of rights and fought to preserve the autonomy of the state against federal encroachments.
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.
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.
What does the necessary and proper or elastic clause in the Constitution do?
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 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 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.