Necessary And Proper Clause

The necessary and proper clause (also known as the elastic clause) from Section 8 of Article One of the United States Constitution provides a legislative blank check of sorts for Congress, allowing the creation of any law seen as "necessary" or "proper" regardless of its mention in the United States Constitution. It got its name from its use in "stretching" the Constitution's powers, giving federal legislators and justices the ability to interpret their powers in the broadest possible way. An example of the "necessary and proper" clause is the Civil Rights Act of 1964 which, although its provisions were never specifically mentioned in the Constitution, Congress felt necessary and proper to pass it into law.

 

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