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Question
constitutional provisions
article 1, section 8, clause 18 (necessary and proper clause) of the u.s. 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.”
- what does this clause from the u.s. constitution mean?
- does this expand or limit the federal government’s power? explain.
Brief Explanations
- This clause gives Congress the power to make laws that are essential and appropriate for executing its enumerated powers and other powers given to the federal government by the Constitution. It is a means - end power, allowing Congress to pass laws facilitating the exercise of its other powers.
- It expands the federal government's power. By enabling Congress to make laws not specifically listed but necessary for executing its powers, it broadens the scope of federal authority. It has been used in numerous Supreme Court cases to justify federal actions that are not explicitly stated in the Constitution but are related to its granted powers.
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- It gives Congress the power to make laws necessary and appropriate for executing its and other federal government powers.
- It expands the federal government's power as it allows Congress to pass laws related to its granted powers that are not explicitly stated.