What was necessary and proper clause

Darby, U. While the Framers chose to follow the Articles in enumerating a list of specific federal powers—as opposed to some general statement of federal power 6 Footnote See infra ArtI. The Necessary and Proper Clause was not a primary focus of debate at the Constitutional Convention itself, but its meaning quickly became a major issue in the debates over the ratification of the Constitution, 8 Footnote See infra ArtI.

The Supreme Court has interpreted the Necessary and Proper Clause as an extension of the other powers vested in the federal government, most notably Congress's enumerated Article I powers.

Comstock , U. Thus, whenever the Supreme Court addresses the outer limits of Congress's enumerated powers, it necessarily invokes the Necessary and Proper Clause as well, either explicitly or implicitly. Raich , U. Kahriger, U. United States, U. Ask the Editors 'Everyday' vs. What Is 'Semantic Bleaching'?

How 'literally' can mean "figuratively". Literally How to use a word that literally drives some pe Is Singular 'They' a Better Choice? The awkward case of 'his or her'. Take the quiz. Our Favorite New Words How many do you know? How Strong Is Your Vocabulary? Finally, the Court found that the statute was not too attenuated from the Article I powers underlying the criminal laws which had been the basis for incarceration, as it related to the responsible administration of the United States prison system.

It sustained the act setting up the Federal Farm Loan Banks to provide funds for mortgage loans on agricultural land against the contention that the right of the Secretary of the Treasury, which he had not exercised, to use these banks as depositories of public funds, was merely a pretext for chartering those banks for private purposes.

A prohibitive tax on the notes of state banks, the issuance of treasury notes impressed with the quality of legal tender in payment of private debts and the abrogation of clauses in private contracts, which called for payment in gold coin, were sustained as appropriate measures for carrying into effect some or all of the foregoing powers.

In addition to the creation of banks, Congress has been held to have authority to charter a railroad corporation, or a corporation to construct an interstate bridge, as instrumentalities for promoting commerce among the states, and to create corporations to manufacture aircraft or merchant vessels as incidental to the war power.

The Necessary and Proper Clause enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims, whether asserted by the government itself or by private persons.

In , Congress adopted a Joint Resolution directing the President to cause suit to be instituted for the cancellation of certain oil leases alleged to have been obtained from the government by fraud and to prosecute such other actions and proceedings, civil and criminal, as were warranted by the facts. This resolution also authorized the appointment of special counsel to have charge of such litigation.

Congress may implement the admiralty and maritime jurisdiction conferred upon the federal courts by revising and amending the maritime law that existed at the time the Constitution was adopted, but in so doing, it cannot go beyond the reach of that jurisdiction.

Fisher, 6 U. It has, consequently, a right to make remittance, by bills or otherwise, and to take those precautions which will render the transaction safe.

Henkel, U. See also Missouri v. Holland, U. Congress may also legislate to protect its spending power. Sabri v. United States, U. United States, 91 U. Fox, 95 U.

Hall, 98 U. Worrall, 2 U. Maryland, 17 U. Marigold, 50 U. Barnow, U. Waddell, U. Mosley, U.