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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 ...
Anyone interested in the scope of Congress’s power under the Necessary and Proper Clause will want to study today’s opinion in U.S. v. Kibodeaux. Justice Breyer’s majority opinion concludes ...
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 ...
the necessary and proper clause had been transformed into the “elastic clause,” and the spending and taxing powers were explicitly interpreted to allow Congress more or less to regulate fields ...