The Necessary and Proper Clause is also known as the Elastic Clause the Sweeping Clause. The 'sweeping clause' should only be extended to the enumerated powers. It grants Congress the powers that are implied in the Constitution, but that are not explicitly stated. President Barack Obama's Affordable Care Act (signed March 23, 2010) also came under attack in National Federation of Independent Business v. Sebelius because it was deemed not "proper." The necessary and proper clause known as the Elastic Clause is a provision in Article One of the United States Constitution. (Article I, Section 8, Clause 18). In the same court case, then-former U.S. president Thomas Jefferson (1743–1826) interpreted that it meant "essential"—an enumerated power would be pointless without the proposed action. According to Article 1, section 8, of the Constitution, Congress has the following 18 powers and only the following powers: The 18th clause was added to the Constitution by the Committee on Detail without any previous discussion at all, and it was not the subject of debate in Committee, either. In addition, the elastic clause allows the Congress to create the hierarchical structure to enact the other 17 clauses: to build a lower court (Clause 9), to set up an organized militia (Clause 15), and to organize a post office distribution method (Clause 7). It is a clause in the first Article of the US Constitution. It is also sometimes called the "elastic clause." Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1 set the standard in words that reverberate to this day. A clause in Section 8, article 1 of the Constitution that provides the federal government with the authority to make laws that are necessary and proper for carrying out enumerated powers. Article I, Section 8, Clause 18 allows the Government of the United States to: The definitions of "necessary," "proper," and "carrying into execution" have all been debated since the words were written during the Constitutional Convention in Philadelphia in 1787. Implied Power of Congress to Conduct Investigations and Oversight: Historical Background. Necessary and proper clause is basically a simple term used in the place of Article 1 Section 8 of the Constitution of the United States. Explain why the necessary and proper clause is sometimes called the elastic clause. ", University of Pennsylvania Journal of Constitutional Law, Baude, William. Clause 18 has been used for all sorts of federal actions including requiring integration in the states—for instance, whether a National Bank can be created (implied in Clause 2), to Obamacare and the ability of states to legalize the growing and distribution of marijuana (both Clause 3). The necessary and proper clause allows Congress to make laws that it believes are necessary to carrying out Congress’ enumerated powers. To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;—And. Clause 18 gives Congress the ability to create structures organizing the government, and to write new legislation to support the explicit powers enumerated in Clauses 1–17. 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. has organized the federal judicial system, and has enacted a large body of law defining and punishing crimes. The commerce clause is an example of one of these enumerated powers. It is also sometimes called the "elastic clause." 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. However, more recently, the definition of "proper" was brought up in Printz v. the United States, which challenged the Brady Handgun Violence Prevention Act (Brady Bill), which compelled state officials to implement federal gun registration requirements. It is also sometimes called the "elastic clause." Effective control of the national economy has been made possible by the authority to regulate the internal commerce of a state to the extent necessary to protect and promote interstate commerce.5FootnoteSee discussion supra Necessary and Proper Clause, under the commerce power. (Article I, Section 8, Clause 18). The "elastic clause" in Article I, section 8, clause 18, is also called the "necessary and proper clause." Indeed, the Necessary and Proper Clause is sometimes called the Elastic Clause, because, over time, it has been stretched to cover so many different situations. (Article I, Section 8, Clause 18). set the standard in words that reverberate to this day. The federal government still sets the rules for all the states, and that rule is marijuana is a Schedule 1 drug and therefore illegal: But as of late 2018, the federal government has chosen to not enforce their current drug policy. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland1845 set the standard in words that reverberate to this day. That is why the powers derived from the Necessary and Proper Clause are referred to as implied powers. An example of this is mandatory integration. ", In his finding over the 1819 McCulloch v. Maryland case, Supreme Court Chief Justice John Marshall (1755–1835) defined "necessary" to mean "appropriate and legitimate." Explain. It got it's name because those words are in the text of the 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." Opponents said it was not "proper" because it interfered with state's rights to set their own laws. The court also found that individual states did not have the power to tax the national government because of Article VI of the Constitution which stated that that national government was supreme. The Necessary and Proper clause of the U.S. Constitution provides Congress the power to fulfill its legal powers. The Federalist delegate from Virginia George Nicholas (1754–1799) said "the Constitution had enumerated all the powers which the general government should have but did not say how they should be exercised. Conversely, where necessary for the efficient execution of its own powers, Congress may delegate some measure of legislative power to other departments.3FootnoteSee Delegation of Legislative Power, supra. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland1Footnote17 U.S. (4 Wheat.) Clauses 1–17 of Article 1 enumerate all of the powers that the government has over the legislation of the country. 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. The Necessary and Proper Clause is also known as the Elastic Clause the Sweeping Clause. The Supreme Court was unanimous in their decision to keep the ACA but divided about whether a law could ever fail to be "proper" if it did not involve direct federal regulation of state governments. Murray's Lessee v. Hoboken Land & Improvement Co. To explore this concept, consider the following necessary and proper clause definition. Because it's used justify giving Congress many powers not actually stated in the Constitution. By using ThoughtCo, you accept our, The Elastic Clause and the Constitutional Convention, The First "Elastic Clause" Supreme Court Case, U.S. Constitution - Article I, Section 10, What Is Federalism? In the 2005 court case Gonzales v. Raich, the Supreme Court rejected California's challenge to federal drug laws banning marijuana. The "Necessary and Proper Clause," formally drafted as Clause 18 of Article 1 of the U.S. Constitution and also known as the elastic clause, is one of the most powerful and important clauses in the Constitution. federalism is the ", Natelson, Robert G. "The Agency Law Origins of the Necessary and Proper Clause. Display Visual 1 and explain that this clause is often referred to as the necessary and proper clause, or the elastic clause. The "Necessary and Proper Clause" is commonly called just that. The Necessary and Proper clause was intended to allow Congress to decide whether, when and how to legislate for "carrying into execution" the powers of another branch, and at the same time intended to respect and reinforce the principle of separation of powers. That is why the powers derived from the Necessary and Proper Clause are referred to as implied powers. Guinn v. United States: A First Step to Voter Rights for Black Americans, The Granger Laws and the Granger Movement, The History of the Three-Fifths Compromise, Cherokee Nation v. Georgia: The Case and Its Impact, What the President of the United States Does, How Bills Become Laws According to the U.S. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day. Federalism is a system in which governmental power is divided into two or more levels usually a central government and component state governments. Huhn, Wilson. Legislative Process. 358, 396 (1805). This "Necessary and Proper Clause" (sometimes also called the "Elastic Clause") grants Congress a set of so-called implied powers —that is, powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in … "Constitutionality of the Patient Protection and Affordable Care Act under the Commerce Clause and the Necessary and Proper Clause. 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. Have a student read the last clause of Section 8. Needless to say, this powerful clause will continue to result in debate and legal actions for many years to come. The "Necessary and Proper Clause," formally drafted as Clause 18 of Article 1 of the U.S. Constitution and also known as the elastic clause, is one of the most powerful and important clauses in the Constitution. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland 1845 set the standard in words that reverberate to this day. Earlier, James Madison (1731–1836) said there had to be an obvious and precise affinity between the power and any implementing law, and Alexander Hamilton (1755–1804) said that it meant any law that might be conducive to the implemented power. The "necessary and proper clause," also known as the "elastic clause," allows for Congress's implementation of both the expressed and implied Constitutional powers. of The Origins of the Necessary and Proper Clause, Gary Lawson, Geoffrey P. Miller, Robert G. Natelson, Guy I. Seidman. The arguments over the role that the national government should play in creating a nationwide health care system often come back to whether or not the elastic clause includes such a move. 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