Necessary and Proper Clause

Definition

A clause in the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government. If it weren't for the necessary and proper clause, the powers of the federal government would be very limited. The correct interpretation of the Necessary and Proper Clause might be the single most important question of American constitutional law.

Example

Questions

1. Translate necessary and proper clause into plain English?

2. Where can the Necessary and Proper Clause be found in the Constitution?

3. Why is the Necessary and Proper Clause also known as the Elastic Clause?

4. Be creative and thoughtful: What is the opposite of the Necessary and Proper Clause?

5. It would be silly to say, for example, the "power to establish post offices" did not include the power to print postage stamps or pay mail carriers.  But does it also include the power to advertise the joys of stamp collecting on television? 

6. Who does the necessary and proper clause strengthen?

7. Who does the necessary and proper clause weaken?

8. Think of an example of Necessary & Proper Clause in current events:

9. What is the relationship between the necessary and proper clause and checks and balances?

10. If there was no Necessary & Proper Clause how would the United States be different - or would there even be a United States?

Remember!

Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw The Necessary & Proper Clause! Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.

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Further Review

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