Which source provides the necessary and proper powers for Congress?

• A. The Necessary and Proper Clause
• B. The Commerce Power
• C. The 10th Amendment
• D. The Supremacy Clause

Answer: (A)

The Necessary and Proper Clause gives Congress the authority to make laws that are necessary and proper for carrying out its enumerated powers. This clause, often called the Elastic Clause, also authorizes implied powers—the abilities Congress needs to execute its listed powers even if they aren’t explicitly spelled out. For example, Congress can create institutions or adopt actions that aren’t directly enumerated if they are required to regulate commerce, levy taxes, or borrow money, etc., to achieve those ends.

The Commerce Power is one of Congress’s enumerated powers, not the source of the authority to enact all laws deemed necessary and proper. The 10th Amendment reserves powers to the states or the people, and the Supremacy Clause establishes that federal law is the supreme law, but neither provides Congress with the broad power to pass any law as long as it’s deemed necessary and proper.