Question

What accurate conclusion can you say about necessary and proper clause ?

Answer 1

Answer:

necessary to balance proper exercise of the power

Explanation:

The term "Necessary and Proper Clause" was coined by Associate Justice Louis Brandeis in 1926. It is universally adopted by the courts in United States. It is also known as the "Elastic clause".

Necessary and Proper Clause: Article I, Section 8 of the United States Constitution

"The Congress shall have Power ... 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".

The clause gained prominence after Supreme Court's decision in Lambert v. Yellowley case. The court ruled in favor of restricting medicinal use of alcohol under the 18th Amendment. It was deemed necessary to balance proper exercise of the power.

It is a unique clause in American Constitution as it gives no absolute authority to any law rather it can be amended considering the seriousness of the situation. It makes the Constitution more flexible as well as a method to deal cases with immediate concerns.

Answer 2

Answer:

The answer is explained below.

Explanation:

The Necessary and Proper clause is mentioned in Article 1, section 8 and Clause 18 of the US constitution. It is also known as elastic clause. It was added in the constitution in 1787. It was first used by Supreme court in 1819 in the case Mc culloch vs. Maryland.

It is important because it allows congress to make laws that are necessary for carrying out the enumerated list of powers. It is like a blank check for the congress that allows them to create law that it thinks to be proper and necessary, even if it is not mentioned in the constitution. It empowers the congress.