He states flatly that the clause is "invulnerable" and that without it the constitution would be a "dead letter." Case Summary of NFIB v. Sebelius: ... Justice Ginsburg would have upheld the individual mandate under the Commerce Clause and the Necessary and Proper Clause. He asserts that granting the union the right to make all laws “necessary and proper… Legal definition of necessary and proper clause: the clause in Article I, Section 8 of the U.S. Constitution that empowers the Congress to make all laws necessary for executing its other powers and those of the federal government as a whole. A primary issue was a particular section of Article I, the Necessary and Proper Clause, attached to the end of Section 8, which granted to Congress the right to pass all legislation necessary for the enforcement of the Constitution; under the Articles of Confederation, enforcement had been left to the states. The Necessary and Proper Clause, sometimes called the “coefficient” or “elastic” clause, is an enlargement, not a constriction, of the powers expressly granted to Congress. The Necessary and Proper Clause refers to a section of the United States Constitution that grants Congress the authority to create and enforce laws that are deemed "necessary and proper" by the powers granted to the branches of the government by the Constitution's various provisions. The Elastic Clause, also known as the “Necessary and Proper Clause,” is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial.The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are necessary in order to perform its responsibilities as outlined in the Constitution. - "Necessary and Proper" clause - This passes any laws that the Congress feels are important to have. Justice Ginsburg reasoned that the uninsured, as a class, have a substantial effect on interstate commerce. In addition, Congress’s power under the Necessary and Proper Clause is far-reaching as Congress may regulate even those intrastate activities that have no substantial effect on interstate commerce. Chief Justice Marshall’s classic opinion in McCulloch v. Maryland1845 set the standard in words that reverberate to this day. nEXT pAGE. The Necessary and Proper Clause allows Congress to do what it deems necessary to accomplish its regulatory objectives. Origin Definition of Necessary and Proper Clause. A clause in Section 8, article 1 of the Constitution that provides the federal government with the authority to make laws that are necessary and proper for carrying out enumerated powers. To explore this concept, consider the following necessary and proper clause definition. Noun. Previous PAGE. 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