Explore BrainMass

The "Necessary and Proper Clause" in the U.S. Constitution

Where in the U.S Constitution is the Necessary and Proper Clause found? What authority stems from the clause?

© BrainMass Inc. brainmass.com August 19, 2018, 2:55 pm ad1c9bdddf

Solution Preview


The "Necessary and Proper Clause," is also known as the "elastic clause" or the "coefficient clause." It is found in Article 1, Section 8, Clause 18. For your convenience, I have posted Article 1, Section 8 below. The "Necessary and Proper Clause" is the last clause in Section 8 after all the enumerated powers of Congress is laid out in detail.

Article 1, Section 8

Section. 8.

The Congress shall have Power

(1) To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the
common Defense and general Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States;

(2) To borrow Money on the credit of the United States;

(3) To regulate Commerce with foreign Nations, and among the several States, and with the
Indian Tribes;

(4) To establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;

(5) To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;

(6) To provide for the Punishment of counterfeiting the Securities and current Coin of the United

(7) To establish Post Offices and post Roads;

(8) To promote the Progress of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and Discoveries;

(9) To constitute Tribunals inferior to the supreme Court;

(10) To define and punish Piracy and Felonious Crimes committed on the high Seas, and Offenses against
the Law of Nations;

(11) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures
on Land and Water;

(12) To raise and support Armies, but no Appropriation of ...

Solution Summary

This is a 1171-word document explaining the legal foundation regarding the "Necessary and Proper Clause" in the U.S. Constitution. The information in this document will guide a student in writing an essay regarding where to find the Necessary and Proper Clause in the Constitution and what authority stems from this clause.