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Simple English definitions for legal terms
Basket Clause
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A quick definition of Basket Clause:
A basket clause, also known as the necessary and proper clause, is a part of the U.S. Constitution that allows Congress to create laws that are necessary and appropriate for carrying out its powers. This means that Congress can make laws that help them do their job, even if those laws are not specifically listed in the Constitution. The Supreme Court has interpreted this clause to give Congress the power to create any law that is reasonably designed to achieve an express constitutional power.
A more thorough explanation:
The Basket Clause, also known as the Necessary and Proper Clause, is a clause in the U.S. Constitution that allows Congress to make laws that are necessary and proper for the execution of its enumerated powers.
For example, if Congress has the power to regulate commerce between states, it can pass laws that are necessary and proper to carry out that power, such as laws regulating the transportation of goods across state lines.
The Supreme Court has interpreted this clause broadly, giving Congress the implied power to enact any law reasonably designed to achieve an express constitutional power.
Overall, the Basket Clause gives Congress flexibility to pass laws that are necessary and proper to carry out its constitutional powers.