What does the elastic clause accomplish? Name the first decision that defined this clause.?

Question

What does the elastic clause accomplish? Name the first decision that defined this clause.

Answer 1

Not to assail you, but the reason you have no answers, in part, is the form of the question.  The "elastic clause" terminology is somewhat archaic and rarely used any more.  It of course refers to the "necessary and proper" clause.

The first good use of the clause was in  McCulloch v. Maryland 17 U.S. 316 (1819).  The state of Maryland tried to tax a bank that had a national charter.  In the masterful stroke, the "Great Chief Juice" John Marshall, took the opportunity to for all time establish the supremacy of the Federal Government and the power of congress.

In fact part of the dicussion turned on the legality of the bank.  The opponents argued that the bank was not in the enumerated powers that congress had.  The Proponents pointed to the "elastic clause".

It was felt by some that for Congress to use the elastic clause the particular power used must a necessary AND proper extension of the enumerated powers.  John Marshall ruled that in order to be a legal extension of power it need only be necessary OR proper.  Thus the arguments about the bank not being "necessary" became irrelevant and faded away.

On a side note, Marshall also ruled that Maryland could not tax the Bank without the federal government's permission as the Supremacy Clause, made the Federal government exempt, and the bank by extension, from state taxation.