Question:

Necessary and proper clause? aka Elastic clause?

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Congress shall have power to make all laws which shall be necessary and proper. - article 1 section 8 clause 18

What would a strict interpretation be?

What would a loose interpretation be?

Which do you prefer?

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  1. The "elastic Clause can only be interpreted in light of the preceding enumerated powers.  For example, Congress has the power to "coin money" so it stands to reason that it is "necessary and proper" in order to "coin money" to establish a mint, develop standards for coins, hire engravers etc. etc.  

    Thus, the necessity and propriety of the laws must be weighed against the purpose being sought.

    The Congress has passed a lot of laws as being "necessary and proper" to "regulate commerce".  The Supreme Court a few years ago rejected a federal law that made it a federal crime to carry a gun in a school. Never mind that there were already many STATE laws making it a crime to do so, Congress wanted to get into the act, so they passed a law.  How did they justify it?  They said is was necessary and proper because schools were in "interstate commerce" therefore giving Congress jurisdiction.  The Court rejected this argument.

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