Admiralty Power: Congress sets the laws for the seas.
Admiralty Power: Congress sets the laws for the seas.
−
What’s left? Congress can also expand its authority under these powers with the “Necessary and Proper Clause,” also known as the “Elastic Clause.” Congress can make any law that is proper for executing any power granted to any part of government, not just Congress. But there must be an underlying, specific grant of power in addition to the Necessary and Proper Clause. For example, Congress could not pass laws establishing local police departments because there is no grant of power to the federal government in that area.
+
What’s left? Congress can also expand its authority under these powers with the “Necessary and Proper Clause,” also known as the “Elastic Clause.” Congress can make any law that is proper for executing any power granted to any part of government, not just Congress. But there must be an underlying, specific grant of power in addition to the Necessary and Proper Clause. For example, Congress could not pass laws establishing local police departments because there is no grant of power to the federal government in that area. But Congress could establish a special police department for the Post Office (called postal inspectors) because that is a part of its power to create a postal system and it is necessary and proper to have police enforce Post Office rules.