Search results
Results from the WOW.Com Content Network
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... 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 ...
This government is acknowledged by all, to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent, to have required to be enforced by all those arguments, which its enlightened friends, while it was depending before the people, found it necessary to urge; that principle is now ...
Federalist No. 51 addresses the separation of powers, the federal structure of government and the maintenance of checks and balances by "opposite and rival interests" within the national government. One of Federalist No. 51's most important ideas, an explanation of checks and balances, is the often-quoted phrase, "Ambition must be made to ...
The Necessary and Proper Clause of the Constitution permits Congress "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."
A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. [1] When government action infringes an individual's fundamental rights, the government must show that the government's action is necessary to achieve a compelling government interest. The protection of public health ...
Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by the Constitution] in the manner most beneficial to the people," [122] even if that action is not itself within the enumerated powers.
Article I, Section 8, clause 18, known as the Necessary and Proper Clause, grants Congress the power to "make all Laws which shall be necessary and proper for carrying into Execution all Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". [50]
Hamilton notes that the Necessary and Proper Clause and the Supremacy Clause "have been the source of much virulent invective and petulant declamation against the proposed Constitution." This stirs up much of the issues amongst the people due to the uncertainty of the consequences of granting the government "too much power".