Necessary and Proper Clause
Interpretation of the Necessary and Proper Clause has been controversial, especially during the early years of the republic. Strict constructionists interpret the clause to mean that Congress may make a law only if the inability to do so would cripple its ability to apply one of its enumerated powers. Loose constructionists, on the other hand, interpret the Necessary and Proper Clause as expanding the authority of Congress to all areas tangentially-related to one of its enumerated powers. It is often known as the "elastic clause" because of the great amount of leeway in interpretation it allows; depending on the interpretation, it can be "stretched" to expand the powers of Congress, or allowed to "contract", limiting Congress. In practical usage, the clause has been paired with the Commerce Clause in particular to provide the constitutional basis for a wide variety of federal laws.
Read more about this topic: Enumerated Powers
Famous quotes containing the words proper and/or clause:
“We were hospitably entertained in Concord, New Hampshire, which we persisted in calling New Concord, as we had been wont, to distinguish it from our native town, from which we had been told that it was named and in part originally settled. This would have been the proper place to conclude our voyage, uniting Concord with Concord by these meandering rivers, but our boat was moored some miles below its port.”
—Henry David Thoreau (1817–1862)
“Long ago I added to the true old adage of “What is everybody’s business is nobody’s business,” another clause which, I think, more than any other principle has served to influence my actions in life. That is, What is nobody’s business is my business.”
—Clara Barton (1821–1912)