By including the Necessary and Proper Clause at the conclusion of Article I, Section 8, the Framers set the criteria for laws that, even if they are not within the terms of other grants ...

Justice Breyer’s majority opinion concludes that the Necessary and Proper Clause gives Congress the power to enact the registration requirements set forth in the federal Sex Offender ...

But the very end of this list contained one more power: to make all laws “necessary and proper” to carry out the enumerated powers. Also known as the Elastic Clause, this phrase allowed ...

One, filed on behalf of Speaker Boehner as amicus curiae, articulates how the PPACA’s individual mandate falls outside of the scope of congressional power under the Necessary and Proper Clause.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Following the pattern of the Necessary and Proper Clause of Article I, Section 8, the ...