Necessary and Proper Only Under Authority Granted by Constitution

By Douglas V. Gibbs

Necessary and Proper Clause

Article I, Section 8, Clause 18 is also known as the “necessary and proper” clause. It reads:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Today’s government officials misuse this clause greatly. Notice the emphasis on carrying into execution the “foregoing powers” (authorities herein granted). What that means is that the Congress may make laws that fall within the authorities granted by the U.S. Constitution that the Congress recognizes to be “necessary and proper.” Today’s federal government has taken this clause to mean they can make “any” law they feel to be necessary and proper.

This clause is also sometimes referred to as the “Elastic Clause.”

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