Also known as: Necessary and Proper Clause · Necessary & Proper Clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional clause authorizing Congress to enact all laws necessary and proper for carrying into execution its enumerated powers and all other powers vested by the Constitution in the federal government or its departments and officers. The clause supplies auxiliary authority to implement specifically granted powers rather than an independent source of substantive legislative power. It permits Congress to select appropriate means that are plainly adapted to legitimate ends within the enumerated powers.
Edward Everett operates a state tax processing firm that competes with a new federally chartered corporation created to handle electronic federal tax filings and interstate e-commerce records. He sues to block the corporation's operations. The charter stands because Congress selected the corporate form as a convenient instrument to execute its taxing and commerce powers.
Elise Everly manages a metropolitan transit authority that must comply with a federal statute setting minimum wages for employees engaged in interstate operations. She argues the law invades traditional state functions. The statute is sustained because Congress may choose means that are rationally related to regulating commerce among the states.
Select any source to read its text and confirm it supports the definition.
Eileen Epstein, an uninsured individual, challenges a federal statute that requires most people to obtain health coverage or pay a penalty. She claims the requirement exceeds enumerated powers. The penalty is upheld as a valid exercise of the taxing power implemented through appropriate means under the clause.
Eugene Ellsworth owns a motel that refuses service to out-of-state travelers on racial grounds. He contests a federal civil rights statute prohibiting such discrimination. The law is sustained because Congress may select means to remove burdens on interstate commerce.
Elliot Edmonds owns waterfront property condemned by a city redevelopment agency to assemble parcels for a private developer promising new jobs. He claims the taking serves no public use. The condemnation is upheld because the legislature may choose means to promote economic development that advances public purposes.
Enzo Eastwood runs a student organization that wishes to host paid commercial demonstrations on campus. He challenges a university rule banning such events under a federal funding condition. The restriction is sustained because the government may select means that are reasonably related to its legitimate interests in regulating commerce.
No. The clause is auxiliary and permits Congress only to select means for carrying into execution its enumerated powers. It does not authorize legislation that lacks a connection to a specifically granted power.
Yes. Congress may charter a corporation when doing so constitutes a convenient means of executing enumerated powers such as taxing, borrowing, or regulating commerce.
A statute is valid if it is plainly adapted to a legitimate end within Congress's enumerated powers and is not prohibited by the Constitution.
No. The clause cannot supply authority when the underlying regulation of noneconomic intrastate activity exceeds the commerce power or other enumerated powers.
…It is rather a grant of power, the scope of which is quite expansive, particularly in view of the enlargement of power by the Necessary and Proper Clause. M Culloch v. Maryland , 4 Wheat. 316, 420 (1819). Congress has power to regulate Presidential elections and primaries, United States v. Classic , 313 U. S. 299 (1941); Burroughs v.…