United States ex rel. Singleton, U. Although the Necessary and Proper Clause is therefore implicated in many cases examining the extent of Congress's power under, for example, the Commerce Clause, those decisions are primarily addressed elsewhere in the Constitution Annotated, under the particular enumerated federal power at issue.
In a few cases, however, the Supreme Court has analyzed Congress's power under the Necessary and Proper Clause separately from any specific enumerated power. Typically, these cases involve either multiple enumerated powers, 14 Footnote See, e. Greenman, U.
Because the extent of the Necessary and Proper Clause defines the outer reaches of Congress's Article I legislative powers, these cases, in effect, delineate the boundary between the authority of the federal government and those areas reserved to the states. This section first reviews the history of the Necessary and Proper Clause's inclusion in the Constitution and its role in the ratification debates. Next, the section turns to the early judicial interpretation of the Clause, culminating in the Chief Justice Marshall's landmark opinion in McCulloch v.
Power to enforce the protections of the 13th, 14th, and 15th Amendments. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;.
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;. To make Rules for the Government and Regulation of the land and naval Forces;. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;.
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;.
To exercise exclusive Legislation in all Cases whatsoever, over such District not exceeding ten Miles square as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And.
The alternative to a government of enumerated powers is, of course, a government of unenumerated powers. The Constitution might have said "Congress shall have all powers not specifically prohibited elsewhere in this Constitution. It would be silly to say, for example, the "power to establish post offices" did not include the power to print postage stamps or pay mail carriers. But does it also include the power to advertise the joys of stamp collecting on television? How broadly or narrowly should the enumerated powers be read?
Should the "Necessary and Proper Clause" be interpreted as authorizing actions rationally related to one of the listed powers, or only actions "necessary" to carrying out a listed power? Fenno, 75 U. See also Legal Tender Cases Knox v.
Lee , 79 U. Removal Cases , U. Pacific R. North River Bridge Co. United States Fleet Corp. Massachusetts, 37 U. Davis, U. Richland County, U. Whitton, 80 U. Palmer, U. Halstead, 23 U. Kountze Bros. But see Northern Pipeline Constr. Marathon Pipe Line Co.
See Sinclair v. Marshall, U. The Thomas Barlum, U. Stewart, U. Power to Charter Corporations In addition to the creation of banks, Congress has been held to have authority to charter a railroad corporation, or a corporation to construct an interstate bridge, as instrumentalities for promoting commerce among the states, and to create corporations to manufacture aircraft or merchant vessels as incidental to the war power.
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