Which shall be necessary and proper

Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. Share Flipboard Email. Issues The U. Government U. Legal System U. Foreign Policy U. Liberal Politics U. Martin Kelly.

History Expert. Martin Kelly, M. Updated August 14, Constitution provides Congress the power to fulfill its legal powers. Also known as the "elastic clause," it was written into the Constitution in The first Supreme Court case against the clause was in when Maryland objected to Alexander Hamilton's formation of a National Bank.

The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining. Featured Video. View Article Sources. Baude, William. The University of Chicago Law Review National Constitution Center. Cite this Article Format. Kelly, Martin. What Is Originalism? Definition and Examples. Types of Federalism: Definition and Examples.

Constitution: Article I, Section 8. What Are Inherent Powers? The 10th Amendment: Text, Origins, and Meaning. Current Justices of the U. United States, U. United States, 91 U. Fox, 95 U. Hall, 98 U. Worrall, 2 U. Maryland, 17 U. Marigold, 50 U. Barnow, U. Waddell, U. Mosley, U. See also Rakes v.

May 17, Kebodeaux , U. Lee Optical Co. Bank of the United States, 22 U. See also Pittman v. Follows ex rel. Union Trust Co. Duncan, U. Kansas City Title Co. Greenman, U. Fenno, 75 U. See also Legal Tender Cases Knox v. Lee , 79 U. Removal Cases , U. Skip to main content. Title Necessary and Proper. Authors Randy E. Abstract In this article, the author maintains that, if the courts are to hold Congress to the exercise of its enumerated powers, then they must come to grips with the congressional 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.

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