The government received this power, said Marshall, through the Necessary and Proper Clause. In general, the main purpose of this "elastic" clause, also known as the "sweeping" or "general clause," is to give Congress the flexibility to get the other 17 enumerated powers achieved. Lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence [this spelling used in original document] and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; Establish Post Offices and post Roads; and. 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. Legislative Process, Federalism and the United States Constitution, Guinn v. United States: A First Step to Voter Rights for Black Americans, The History of the Three-Fifths Compromise, Cherokee Nation v. Georgia: The Case and Its Impact. Huhn, Wilson. The Necessary and Proper Clause, often referred to as the “Elastic Clause,” pertains to powers not expressly given to Congress in the United States Constitution, but which may be necessary and proper to accomplish their constitutional charges. Despite the fact that the Constitution enumerates only several crimes under federal jurisdiction, the U.S. Code has grown to include more than 500 penal infractions. 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. The Necessary and Proper Clause Important Cases; The final provision of Article I, Section 8 is known as the Necessary and Proper Clause. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. 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. 2. The Supreme Court decided unanimously for the United States: They can create a bank (in support of Clause 2), and it can't be taxed (Clause 3). Opponents said it was not "proper" because it interfered with state's rights to set their own laws. The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. Supporters of the monster state want you to believe that Necessary and Proper means "anything and everything." This clause provides the federal government with flexibility when it comes to creating laws when the Constitution does not give Congress the specific authority to act, hence the moniker “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. Definition and How It Works in the US, U.S. Constitution - Article I, Section 10, Current Justices of the U.S. Supreme Court. The Necessary and Proper Clause enables Congress to pass special laws to require other departments of the Government to prosecute or adjudicate particular claims, whether asserted by the Government itself or by private persons. John Marshall, as the Chief Justice, wrote the majority opinion which stated that the creation of the bank was necessary to ensure that Congress had the right to tax, borrow, and regulate interstate commerce—something that was granted it in its enumerated powers—and therefore could be created. Notwithstanding the long-term debate over what "necessary" means, the Supreme Court has never found a congressional law unconstitutional because it was not "necessary.". Thus, Congress has begun to share even the states’ police power. It grants Congress the powers … When the appellate court upheld the trial court’s decision, the matter was taken before the U.S. Supreme Court. The Supreme Court ruled that Congress did indeed have the power to create a bank. The most important listing of these powers is in Article I, Section 8, which identifies in 17 paragraphs the many important powers of Congress. Also, in addition to both clauses being used to uphold federal laws that affect economic activity, they also were used to justify federal criminal laws as well. In 1816, Congress created an act actually titled “An Act to Incorporate the Subscribers to the Bank of the United States.” This addressed the issue of the taxes levied by the state of Maryland, where the Second Bank of the United States (successor to the First Bank of the United States), on all bank notes issued by banks not chartered by the state of Maryland. To explore this concept, consider the following necessary and proper clause definition. 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. tumadreeve7852. Of not delegated to government by Constitution are given implied Law Origins of the States! This day, arguments still center on the extent of the US.... 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