Under the “necessary and proper” clause, Congress may
Under the "necessary and proper" clause, also known as the "Elastic Clause," Congress may exercise powers that are not explicitly granted to them in the United States Constitution, but are necessary to carry out their enumerated powers. This clause is found in Article I, Section 8 of the Constitution.
To understand how Congress may use the "necessary and proper" clause, we need to look at the specific language of the clause itself. The clause states that Congress has the power to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof.
This means that Congress can pass laws that are deemed necessary and proper to fulfill the powers granted to them in the Constitution. These powers include things like regulating commerce, coining money, establishing post offices, raising armies, and more. The "necessary and proper" clause serves as a way for Congress to have flexibility in implementing and interpreting the Constitution's enumerated powers.
It is important to note that the "necessary and proper" clause has been subject to different interpretations by various Supreme Court cases throughout history. Some interpretations have been more broad, allowing Congress greater flexibility in their legislative authority, while others have been more narrow, limiting Congress' power to only what is absolutely essential.
Ultimately, the "necessary and proper" clause has played a significant role in expanding the powers of Congress beyond the specific enumerated powers listed in the Constitution. However, its interpretation and application are subject to ongoing debate and scrutiny.