The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18.
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The Necessary and Proper Clause is as follows:
History leading up to ratification
According to the Articles of Confederation, "Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated" (emphasis added). Thus, the Continental Congress had no powers incidental to those which were "expressly delegated" by the Articles of Confederation. By contrast, the Necessary and Proper Clause expressly confers incidental powers upon Congress, while no other clauses in the Constitution do so by themselves.
The draft Necessary and Proper Clause provoked controversy during discussions of the proposed constitution, and its inclusion became a focal point of criticism for those opposed to the Constitution's ratification. While Anti-Federalists expressed concern that the clause would grant the federal government boundless power, Federalists argued that the clause would only permit execution of power already granted by the Constitution. Alexander Hamilton spoke vigorously for this second interpretation in The Federalist Papers. At this time James Madison concurred with Hamilton, arguing in Federalist No. 44 that without this clause, the constitution would be a "dead letter". At the Virginia Ratifying Convention, Patrick Henry took the opposing view, saying that the clause would lead to limitless federal power that would inevitably menace individual liberty.
whether it was 'necessary and proper' for Landis to run the stop sign to perform his duties that day as a DEASpecial Agent enforcing the nation’s drug laws ... and proper given the circumstances.
Constitution provides federal officers with immunity to state prosecution if they are performing a lawful act and “‘did no more than what was necessary and proper to do.’” ... proper,’” prosecutors wrote.
He found Landis was acting in his capacity as a federal agent and his conduct was necessary and proper given the circumstances. "The Supremacy Clause grants Agent Landis immunity in this prosecution," he said.
The Petitioning Clause of the First Amendment was no innovation in 1789 ... After all, such freedom of speech is necessary for the proper functioning of democracy ... Article 23 is a helpful clause in addition to what we find in the English Bill of Rights.
The constitution does not directly address immigration, however Article 1, Section 8, Clause 18 states “ To make all Laws which shall be necessary and proper for carrying into Execution the foregoing ...
“If Defendant were able to prove that he reasonably believed his actions were necessary and proper in the performance of his duties, he would be completely immune from all criminal liability,” his attorney, RickPinckard, wrote in court documents.
In his overview of the Necessary and Proper clause, Tucker wrote, “The plain import of this clause is, that Congress shall have all the incidental or instrumental powers, necessary and proper for carrying into execution all the express powers.”.
Rapid City lawyer and former legislator Linda Lea Viken told lawmakers she questions whether an emergency clause is proper. According to the state constitution, emergency clauses may be used when ...
Article 1, Section 8 established an “elastic clause” that allowed Congress to add to federal powers when “necessary and proper.” In Article 6, Paragraph 2, “The Supremacy Clause” prohibits states from ...
Maryland argued that the federal government lacked the authority to establish a bank because it was not explicitly mentioned in Article 1, Section 8, also known as the Necessary and Proper Clause of the Constitution.
Two U.S ...House...Paul G ... Editor's note ... S ... That section finally creates the “necessary and proper clause,” which gives Congress the power to create legislation to properly carry out those duties and responsibilities delegated to it by the Constitution ...
government, broadly challenging the constitutionality of the CSA under the Commerce Clause, the Necessary and Proper Clauses, and on Due Process grounds ... and the Necessary and Proper Clause of the U.S.
San Diego Union-Tribune
21 Jul 2024
San Diego Union-Tribune
21 Jul 2024