Legal Definitions - Elastic Clause

Elastic Clause

The Elastic Clause is another common name for the Necessary and Proper Clause, which is found in Article I, Section 8, Clause 18 of the United States Constitution. This clause grants Congress the authority to make all laws that are "necessary and proper" for carrying into execution the powers explicitly listed in the Constitution (known as enumerated powers), as well as all other powers vested by the Constitution in the U.S. government or any department or officer thereof.

It is referred to as the "Elastic Clause" because it provides Congress with significant flexibility to expand its legislative powers beyond what is explicitly written in the Constitution. This allows Congress to adapt to new challenges and create laws that are implied as essential for fulfilling its core responsibilities, even if those specific actions were not foreseen by the Constitution's framers. Essentially, it is the source of Congress's implied powers, enabling it to effectively govern in a changing world.

• Example 1: Establishing the Federal Reserve System

  The Constitution grants Congress the power to "coin money" and "regulate the value thereof," as well as to "regulate commerce among the several states." While it does not explicitly state that Congress can create a central bank, the Federal Reserve System was established in 1913. This action was justified under the Elastic Clause, as a central banking system was deemed "necessary and proper" to stabilize the nation's currency, manage the money supply, and facilitate interstate and international commerce, thereby effectively carrying out Congress's enumerated powers related to currency and economic regulation.

• Example 2: Creating the National Aeronautics and Space Administration (NASA)

  The Constitution gives Congress the power to "provide for the common Defence and general Welfare of the United States." In the mid-20th century, as space exploration became a matter of national security, scientific advancement, and international prestige, Congress established NASA. The creation of NASA, an agency dedicated to space research and exploration, is an application of the Elastic Clause. While space exploration is not explicitly mentioned in the Constitution, it was considered "necessary and proper" for Congress to establish such an agency to advance the general welfare, promote scientific progress, and ensure national defense in the context of the space age.

• Example 3: Implementing the Affordable Care Act (ACA)

  Congress has the power to "regulate commerce among the several states" and to "lay and collect Taxes... to pay the Debts and provide for the common Defence and general Welfare of the United States." To address issues of healthcare access and affordability across the nation, Congress passed the Affordable Care Act. This comprehensive legislation, which includes mandates for insurance coverage and subsidies, was largely justified under the Elastic Clause. Regulating the health insurance market and providing for healthcare access was deemed "necessary and proper" to regulate interstate commerce related to healthcare services and to promote the general welfare of the population.