Although modern scholars often express bafflement at the Necessary and Proper Clause, the meaning and purpose of the clause would actually have been clear to an eighteenth-century citizen.

Their publications inflated the Commerce Clause to comprehend almost every activity in modern life. They tore the Necessary and Proper Clause from its intended moorings and re-fit it to carry almost ...

Log-in to bookmark & organize content - it's free! University of Arkansas Law Professor Mark Killenbeck explains the Necessary and Proper Clause, as articulated by the Supreme Court in McCulloch v ...

The question of whether the Necessary and Proper Clause is to be a master clause or a servant clause arises again in Manning's supplementary textual argument about the separation of powers.

Two constitutional provisions at issue in the health-care challenges are the “necessary and proper” clause and the commerce clause.

Although often commonly referred to as the “sweeping clause” or the “elastic clause,” the “necessary and proper” clause is not in fact as expansive as its nicknames suggests. After ...

Once one identifies the Necessary and Proper Clause as an incidental powers clause, then the central question becomes which interpretative principles flow from that identification.

This is the Necessary and Proper Clause, and it gives Congress certain implied power to, essentially, make the Constitution work properly.

The clause is the last of Congress' 18 enumerated powers and permits it to enact legislation that "shall be necessary and proper for carrying into execution" the limited constitutional powers ...

If government can show that the mandate is (a) necessary for Congress to regulate interstate health care, and (b) a proper means of doing so, then the courts are unlikely to intervene. Note that the ...

One regular contributor, a staunch conservative, uses the screen name Read_The_Constitution and frequently admonishes others to do just that. Implicit in this directive is the conservative view ...

One constitutional question potentially implicated in the case is the scope of the Necessary and Proper Clause, in particular Congress’s power to “make all laws which shall be necessary and ...