Definition
The Necessary and Proper Clause, also called the Elastic Clause, authorizes Congress to make laws necessary and proper for executing its own powers and those of the federal government.
Political Dictionary
Necessary and Proper Clause
The Necessary and Proper Clause allows Congress to enact laws useful for carrying out its enumerated powers.
Why It Matters
It gives Congress flexibility to implement powers that the Constitution lists in general terms.
How It Works
Congress may choose reasonable means related to a legitimate constitutional power.
History
The Supreme Court interpreted the clause broadly in McCulloch v. Maryland in 1819.
Example
Congress created a national bank as a means of carrying out fiscal powers.
Common Misconceptions
- The clause grants unlimited federal authority.
- Necessary means absolutely indispensable.
- It applies directly to state legislatures.
Related Terms
Related Topics
See Also