Necessary And Proper Clause Flashcards, test questions and answers

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What is Necessary And Proper Clause?

The Necessary and Proper Clause, also known as the Elastic Clause or the Basket Clause, is an important part of the United States Constitution. It can be found in Article I, Section 8, which outlines Congress’s enumerated powers. This clause gives Congress authority to make all laws that are necessary and proper for carrying out its enumerated powers. The Necessary and Proper Clause allows Congress to pass laws that would not otherwise be explicitly granted by the Constitution. For example, this clause has been used to establish national banks and create financial regulations such as bankruptcy laws. The Supreme Court has interpreted this clause broadly over time, meaning that it may allow for Congress to pass more expansive legislation than originally assumed when the framers wrote it into law. Though some have argued that this clause grants too much power to Congress power which could lead to abuse if left unchecked others contend that it is necessary for maintaining a functional government in modern times. Regardless of where one stands on the issue, this clause has been fundamental in shaping American politics since its inception in 1787 and remains essential today.