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=== Necessary and Proper Clause ===

=== Necessary and Proper Clause ===

The Necessary and Proper Clause, unofficially known as the Elastic Clause because it can stretch and stretch almost as broadly as anyone wants, has been used to expand the power of the federal (national) government.  If Congress passes a law that might be based in one of its enumerated powers, then the "Necessary and Proper Clause" will give Congress the "benefit of the doubt" and allow it do what it wants.

The Necessary and Proper Clause, unofficially known as the Elastic Clause because it can stretch and stretch almost as broadly as anyone wants, has been used to expand the power of the federal (national) government.  If Congress passes a law that might be based in one of its enumerated powers, then the "Necessary and Proper Clause" will give Congress the "benefit of the doubt" and allow it do what it wants. This Clause is located in Article I, Section 8, clause 18 of the Constitution. giving Congress the power:

 

Critics complain that the Necessary and Proper Clause is used improperly to expand the power of the federal government far more broadly than the Framers ever intended.  For example, there are many federal laws are passed each that create new federal crimes, even though the Constitution only allowed the federal government to prosecute a few narrow categories of crimes, such as treason.  Today far more cases in federal court are criminal cases rather than non-criminal (civil) ones.  The Framers would be shocked by how much of a "policeman" the federal government has become today.

Critics complain that the Necessary and Proper Clause is used improperly to expand the power of the federal government far more broadly than the Framers ever intended.  For example, there are many federal laws are passed each that create new federal crimes, even though the Constitution only allowed the federal government to prosecute a few narrow categories of crimes, such as treason.  Today far more cases in federal court are criminal cases rather than non-criminal (civil) ones.  The Framers would be shocked by how much of a "policeman" the federal government has become today.