. what is the necessary and proper clause
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. In Federalist 33, Alexander Hamilton asserted that the necessary and proper clause (along with the supremacy clause) merely stated a truism and gave no additional power to the federal government. Words near Necessary and Proper Clause in the dictionary. 1  necessarily. 2  necessariness. 3  necessarium. 4  necessary. 5  Necessary and Proper Clause. 6  necessary condition. 7  necessary-condition. 8  necessary evil. 9  necessary-evil. 10  necessary-evils. The necessary and proper clause does not add anything to the authority already delegated to Congress. It does not allow for the creation of new powers. The clause simply reaffirms that the federal government possesses the flexibility to exercise the enumerated power already delegated. Nothing more. For several decades after the Constitution was ratified, the interpretation of the Necessary and Proper Clause continued to be a powerful bone of contention between the Democratic-Republican Party and the Federalist Party, and several other political parties in the United States. Indeed, the influence of the Necessary and Proper Clause and its broader interpretation under McCulloch v. Maryland in American jurisprudence can be seen in cases generally thought to simply involve the Commerce Clause. During the Virginia ratifying convention, George Nicholas testified to the fact that the necessary and proper clause does nothing to expand powers, attempting to soothe the minds of those who feared the federal government would take it that way. The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause, is a provision in Article One of the United States Constitution, located at section 8, clause 18. The court in McCulloch v. Maryland held that Federal laws could be necessary without being absolutely necessary, and noted that The clause is placed among the powers of Congress, not among the limitations on those powers.. Get the Book Today. 1  Necessary to carry out the original purpose – like purchasing corn from a farmer to sell in the grocery store. 2  A customary way of carrying out the original purpose. 3  An incidental power can never rise to a level greater than the original power delegated.
It is a provision in Article One of the United States Constitution, located at section 8, clause 18.