necessary AND proper clause
necessary and proper clause
n. Under the Constitution, Article 1, Section 8, as a right given to Congress to pass all laws "necessary and proper" that shall uphold powers that may be enumerated. Also known as the "Elastic Clause".
So, what does that really mean? By my understanding, in this particular part of the Constitution, the framers made sure that Congress would always be able to to control their clearly stated rights, the enumerated rights. In order to make absolutely sure that this would always be true, they put in the necessary and proper clause so that no matter of the changing times, Congress would always be able to take care of their stated powers. As times have changed, Congress have definitely put this clause to good use.
The 1819 court case, McCulloch vs. Maryland also extended these implied powers. In 1791, the American government created a National Bank under the basis that it would print money, make loans, and other tasks typical of banks. Some did not like the idea of a national bank because they thought that it would strengthen the governments hold over the economy. The First National bank closed, but the Second National Bank open later, during the presidency of James Madison. The state of Maryland tried to tax the Baltimore branch but it refused to pay. When the state sued James McCulloch, the case was taken to the Supreme Court. Daniel Webster argued for the bank and for a wider interpretation of the Constitution. Eventually, the bank won thanks John Marshall, chief justice. The ruling of this court not only established National Supremacy, but it also gave the National Government powers beyond those enumerated, the implied powers.
n. Under the Constitution, Article 1, Section 8, as a right given to Congress to pass all laws "necessary and proper" that shall uphold powers that may be enumerated. Also known as the "Elastic Clause".
So, what does that really mean? By my understanding, in this particular part of the Constitution, the framers made sure that Congress would always be able to to control their clearly stated rights, the enumerated rights. In order to make absolutely sure that this would always be true, they put in the necessary and proper clause so that no matter of the changing times, Congress would always be able to take care of their stated powers. As times have changed, Congress have definitely put this clause to good use.
The 1819 court case, McCulloch vs. Maryland also extended these implied powers. In 1791, the American government created a National Bank under the basis that it would print money, make loans, and other tasks typical of banks. Some did not like the idea of a national bank because they thought that it would strengthen the governments hold over the economy. The First National bank closed, but the Second National Bank open later, during the presidency of James Madison. The state of Maryland tried to tax the Baltimore branch but it refused to pay. When the state sued James McCulloch, the case was taken to the Supreme Court. Daniel Webster argued for the bank and for a wider interpretation of the Constitution. Eventually, the bank won thanks John Marshall, chief justice. The ruling of this court not only established National Supremacy, but it also gave the National Government powers beyond those enumerated, the implied powers.
As this article discusses, where do we set the boundaries? Do we take "necessary and proper" to mean "necessary and proper for the good of society?" or does it mean "necessary and proper" just to carry out the enumerated powers? This article present a great concern: If we allow for it to be for the good of society and not just to carry out enumerated powers, where do we stop the government to prevent them from taking over everything?
Other sources besides those linked:
Government in America People, Politics, and Policy
Pearson Longman 2008
Government in America People, Politics, and Policy
Pearson Longman 2008