Question

Why might someone be wary about the necessary and proper clause?

Answer 1

Answer:

Necessary and Proper Clause is often called the “Elastic Clause” because it is believed to give Congress “implied powers” that government is assumed to possess without being mentioned in the Constitution. There is a problem with this view: a government that is able to expand its power through an “Elastic Clause” is more likely to abuse its power.

This was a major concern of the Anti-Federalists, who argued that the Necessary and Proper would greatly expand government and leave it up to Congress to decide whether a law was necessary and proper. The Anti-Federalists further argued that the clause left no limitation to federal power and that “ . . . if they may do it, it is pretty certain they will . . . .”