The United States Constitution
The Necessary and Proper Clause is one of Congress’ enumerated powers found in the Constitution of the United States, Article. I. Section. 8., clause 18:
(Clause 18 – Necessary and Proper clause)
[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.
Also see the Tenth Amendment – Rights Reserved to the States and People
photo credit: außerirdische sind gesundFrom the U.S. Senate web site:
The “elastic clause” enlarges legislative power by enabling Congress to use any means it thinks reasonable to put these powers into action. This clause also authorizes Congress to enact legislation necessary to carry out the powers of the other branches, for example to organize and reorganize the executive branch.
American Federalism Panel – Constitution Day Celebration 2011
More
- The Constitution of the United States: A Transcription – The National Archives
- United States Constitution: Texts, Commentaries, Historical Texts and Judicial Decisions – Law Library of Congress
- CRS Annotated Constitution (LII)
- The Constitution of the United States of America: Analysis and Interpretation – FDsys
- Constitution of the United States of America: Analysis and Interpretation, Govinfo.gov
- “Federalism and the Constitution: Limits on Congressional Power,” CRS Report RL30315 (31-page PDF
) - “Legislative Powers of Congress: A Brief Reference Guide,” CRS Report 97-434 (20-page PDF)
- McCulloch v. Maryland, 17 U.S. 316 (1819) – FindLaw
- McCulloch v. Maryland, 17 U.S. 316 (1819) – Wikipedia
- Clause 18. Necessary and Proper Clause – FindLaw
- Clause 18. Necessary and Proper Clause – from Cornell’s Legal Information Institute
- Necessary and Proper Clause – Wikipedia
- The Reach of Congressional Power: Introduction and “The Necessary and Proper Clause”, Exploring Constitutional Law, by Professor Doug Linder, University of Missouri Kansas City School of Law
- “Necessary and Proper” category on The Volokh Conspiracy
- “Congressional Authority” category on Constitutional Law Prof Blog
- “The Federal Government’s “Police Power” and the Takings Clause: Part IV,” by Josh Blackman
The Elastic Clause Explained in 3 Minutes
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Our Pocket Constitution: details on our web site.
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