Article 1, Section 8, clause 18 of the United States Constitution gives Congress power to make any laws considered "necessary and proper" for the nation. According to Wikipedia, this clause, often called the "Necessary and Proper" or the "Elastic" clause, is sometimes accused of giving too much power to Congress.Continue Reading
Article 1 of the United States Constitution lays out the organization of Congress, its houses, and its duties. As enumerated by the University of Missouri-Kansas City School of Law, the 18th clause in Section 8 lists powers that Congress possesses, such as levying taxes, creating a currency and building roads. The 18th and final clause accounts for any not mentioned by giving Congress to the power to make any "necessary and proper" laws needed. According to Wikipedia, the intention of the Necessary and Proper Clause is to make sure that Congress can create laws that will enable it to exercise powers in the interest of the country.
In Federalist Paper no. 44, future president and one of the authors of the Constitution James Madison acknowledged that the clause was opposed by many. However, he argued that it was necessary for the government to have power to put into effect laws that they had not already thought of. According to Wikipedia, clause 18 was a correction to the lack of power afforded by the previous Articles of Confederation.Learn more about The Constitution
A list of the expressed powers of Congress, that is, those powers expressly enumerated or granted by Article I, Section 8 of the United States Constitution, can be found in the Model Congress section of Princeton University's website. They include the powers to set and collect income taxes and other duties and excises, to borrow money on U.S. credit, to regulate foreign and domestic trade and to establish bankruptcy laws.Full Answer >
Under Article Five, the Constitution can be amended in two ways: through a two-thirds majority vote in Congress or by a two-thirds vote of a national convention at the request of at least two-thirds of the states. To become operative, three-quarters of the states, or state ratifying conventions, must ratify.Full Answer >
The Necessary and Proper Clause refers to a section of the United States Constitution that grants Congress the authority to create and enforce laws that are deemed "necessary and proper" by the powers granted to the branches of the government by the Constitution's various provisions. The clause is found under Article 1, Section 8 of the Constitution.Full Answer >
The "elastic clause" has its name because it states that the United States Congress has the power "to make all laws which shall be necessary and proper," which refers to a loose jurisdiction. The term refers to Article I, Section 8 of the U.S. Constitution.Full Answer >