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Necessary and Proper Clause
| Federalism |
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The Necessary and Proper Clause of the U.S. Constitution refers to Article I, Section 8, Clause 18. The provision gives Congress the power to pass laws deemed necessary and proper to facilitate the full exercise of the powers delegated to the federal government.[1]
Background
Also known as the "sweeping clause", the Necessary and Proper Clause appears after a list of enumerated powers in Article I, Section 8 and sets the criteria for legislation that makes other federal powers effective, according to law professor Gary Lawson.[2]
Lawson argued that the clause is a provision "clarifying the scope of incidental powers accompanying the grants of enumerated (or principal) congressional powers."[2] He listed three reasons why the U.S. Constitution includes the clause:[2]
- 1. To facilitate organization of the government, such as empowering Congress to organize the judicial department and to create executive offices
- 2. To help effectuate the other enumerated powers of Congress
- 3. To define the limits of these implied or incidental powers
The U.S. Supreme Court interpreted the Necessary and Proper Clause in McCulloch v. Maryland (1819) and summarized the effect of the clause in the following way:[3]
| “ | [W]e think the sound construction of the Constitution must allow to the national legislature that discretion with respect to the means by which the powers it confers are to be carried into execution which will enable that body to perform the high duties assigned to it in the manner most beneficial to the people. Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional. [4] | ” |
See also
External links
Footnotes
- ↑ Cornell Law School, "Necessary and Proper Clause," accessed August 2, 2021
- ↑ 2.0 2.1 2.2 The Heritage Guide to the Constitution, "Necessary and Proper Clause," accessed February 23, 2022
- ↑ JUSTIA, "McCulloch v. Maryland, 17 U.S. 316 (1819)," accessed February 23, 2022
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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