Necessary and Proper Clause Concept Application FRQ

CONGRESS CONCEPT APPLICATION FRQ

There is a reason the necessary and proper clause has been dubbed the elastic clause. This
constitutional provision has allowed the Congress and subsequently the government of the United States to expand far beyond what the Founders had envisioned. These implied powers allow Congress to fulfill their enumerated powers. They were never intended to write a blank check for Congress to do whatever it wants. In all fairness, however, the Founders never could have imagined what our world would be like today. It was for this reason they wrote into law a provision that would allow the Constitution to be a living letter. Some argue it lives too gregariously. It is necessary and proper for “we the people” to decide whether or not the Congress abuses its authority.

Referencing the scenario, describe the intent of the Constitution’s necessary and proper clause.

In the context of this scenario, explain an action of Congress that exemplifies the intent described in part A.

Explain which of our two primary political parties would advocate for a broader use of the Constitution’s necessary and proper clause.