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
Related terms
- McCulloch v. Maryland (1819)The Supreme Court case that upheld Congress's implied power to create a national bank and barred states from taxing it.
- Commerce clauseThe constitutional provision giving Congress the power to regulate commerce with foreign nations, among the states and with Native American tribes.
- FederalismA system in which power is divided between a national government and state governments, each with its own areas of authority.