History leading up to ratification; National bank; Landmark decision by Chief Justice Marshall; Later applications; Name of the clause; See also The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. american-government-and-politics ; 0 Answers. 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 consistent with the letter and spirit of the Constitution, are constitutional. Standard Overview. The specific term "Necessary and Proper Clause" was coined in 1926 by Associate Justice Louis Brandeis, writing for the majority in the Supreme Court decision in Lambert v. Yellowley, 272 U.S. 581 (1926), which upheld a law restricting medicinal use of alcohol as a necessary and proper exercise of power under the 18th Amendment, which established Prohibition. Concerned that monied aristocrats in the North would take advantage of the bank to exploit the South, Madison argued that Congress lacked the constitutional authority to charter a bank. This clause is known as the Necessary and Proper Clause, although it is not a federal power, in itself. Then, as today, people often designated agents to act on their behalves in various circumstances, ranging from selling goods overseas to managing farms to serving as guardians for minor children. Rev. The elastic clause, also known as the necessary and proper clause, gives Congress the ability to expand the power of the national government based upon the delegated powers and without a constitutional amendment. The court also found that individual states did not have the power to tax the national government because of Article VI of the Constitution which stated that that national government was supreme. To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the Supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;—And. The Necessary-and-Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause ["Constitutional Clauses & Their Nicknames. ", ThoughtCo uses cookies to provide you with a great user experience. 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 Necessary and Proper Clause Important Cases; The final provision of Article I, Section 8 is known as the Necessary and Proper Clause. The Necessary and Proper Clause Important Cases; The final provision of Article I, Section 8 is known as the Necessary and Proper Clause. 5 Ways to Change the US Constitution Without the Amendment Process, National Federation of Independent Business v. Sebelius, Occupational Safety and Health Administration Act. The Necessary and Proper Clause is also known as the "Elastic Clause" because its meaning may be stretched to allow Congress to pass a variety of laws. Close • Crossposted by 28 minutes ago. Also known as the "elastic clause," this Constitutional clause gives Congress the ability to make laws and/or address issues that are not specifically mentioned in the U.S. Constitution. Types of Powers in Constitution Concurrent powers are those powers that both the National and State governments possess and exercise. This clause originally proved to be a problem when the Constitution was being ratified. 207.87.171.130 17:43, 2 October 2013 (UTC) Misleading. 05 Oct 2004. The Necessary and Proper Clause was used to justify the regulation of production and consumption. ", Lawson, Gary, and Neil S. Siegel. It is found in Article 1, Section 8, Clause 18. The Necessary and Proper Clause is also known as which of the following listed below? The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause) is the provision in Article One of the United States Constitution, section 8, clause 18. SSCG5a: Explain and analyze the relationship of state governments to the national government. Cau 5. This clause empowers Congress to enact federal laws for the country. Marshall stated that the Constitution did not explicitly give permission to create a federal bank, but it conferred upon Congress an implied power to do so under the Necessary and Proper Clause so that Congress could realize or fulfill its express taxing and spending powers. The Necessary and Proper Clause (also known as the Elastic Clause) is one of the most far-reaching aspects of the United States Constitution. 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