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Simple English definitions for legal terms
Necessary and Proper Clause
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A quick definition of Necessary and Proper Clause:
The Necessary and Proper Clause is a part of the United States Constitution that gives Congress the power to make laws that are needed to carry out the other powers given to the government. This means that Congress can create laws that are necessary and appropriate to make sure that the government can do its job. The clause is important because it helps the government function effectively and efficiently. The Supreme Court has also used this clause to interpret and uphold laws that Congress has passed.
A more thorough explanation:
The Necessary and Proper Clause is a part of the United States Constitution, specifically Article I, Section 8. It gives Congress the power to make laws that are necessary and proper for carrying out the powers given to the federal government by the Constitution.
For example, if Congress wants to create a law that helps regulate interstate commerce (which is one of the powers given to the federal government), they can use the Necessary and Proper Clause to create a law that is necessary and proper for carrying out that power.
The Supreme Court has used the Necessary and Proper Clause in many cases, including McCulloch v. Maryland. In that case, the Court used the clause to uphold the constitutionality of a federal bank, even though the Constitution does not specifically mention a federal bank.