Definition:
Necessary and Proper refers to something that is deemed appropriate and fitting to accomplish a specific aim or objective. It is well-matched and suitable for the given task.
Definition:
Necessary and proper, as an adjective, refers to something that is suitable and well-suited for accomplishing a particular objective. Examples include using a hammer for constructing a house, employing a calculator for solving complex math problems, and possessing a passport for traveling to another country. These examples demonstrate that an item is deemed necessary and proper when it is indispensable or obligatory in order to attain a specific goal or objective. In each instance, the mentioned tool or document is highly appropriate for the given task and is considered essential and appropriate for its successful completion.
The Necessary and Proper Clause is a provision in the U.S. Constitution that grants Congress the power to make laws that are necessary and proper for carrying out its other powers and duties.
The Necessary and Proper Clause gives Congress the power to enact laws that are necessary and proper for carrying out its other powers, such as regulating commerce, raising and supporting armies, and establishing courts.
No, Congress can only use the Necessary and Proper Clause to pass laws that are necessary and proper for carrying out its other powers and duties. The law must have a clear connection to one of Congress’s enumerated powers.
No, the Necessary and Proper Clause cannot be used to expand Congress’s powers beyond what is listed in the Constitution. It can only be used to carry out the powers that are already granted to Congress.
No, the Necessary and Proper Clause cannot be used to violate individual rights. Any law passed under the clause must still comply with the other provisions of the Constitution, including the Bill of Rights.
Yes, the Necessary and Proper Clause can be used to regulate activities that take place entirely within one state if those activities have an impact on interstate commerce.
Yes, the Necessary and Proper Clause can be used to override state laws if those laws conflict with federal laws that are necessary and proper for carrying out Congress’s powers.
No, the Necessary and Proper Clause cannot be used to create new powers for the federal government. It can only be used to carry out the powers that are already granted to Congress.
No, the Necessary and Proper Clause cannot be used to limit the powers of the federal government. It can only be used to carry out the powers that are already granted to Congress.
No, the Necessary and Proper Clause cannot be used to justify unconstitutional actions by Congress. Any law passed under the clause must still comply with the other provisions of the Constitution, including the requirement that all laws be constitutional.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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