Government and politics concepts · AP U.S. Government and Politics, AP U.S. History

Necessary and proper clause

Also called: Elastic clause

Necessary and proper clause: The clause in Article I, Section 8 that allows Congress to make all laws necessary and proper for carrying out its enumerated powers.

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What it means

Also called the elastic clause, it is the basis of Congress's implied powers. In McCulloch v. Maryland (1819), the Supreme Court interpreted 'necessary' broadly to mean useful or convenient, upholding Congress's power to create a national bank.

Anti-Federalists, including Brutus, feared the clause would let Congress expand its power without limit.

Example

Congress created a national bank, which the Constitution never mentions, as a means of carrying out its enumerated powers to tax, borrow and regulate commerce.

On the exam

Expect the clause in Unit 1 questions on federalism and implied powers, usually paired with McCulloch v. Maryland.

Lessons and practice questions

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