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What is the Necessary and Proper Clause and how was it used in relation to the Bank of the United States?

User Zeehio
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Final answer:

The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to make laws necessary and proper for executing its powers. About the Bank of the United States, this clause was used to justify its creation based on implied powers. The Supreme Court later supported this interpretation.

Step-by-step explanation:

The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution. It states that Congress has the power to make all laws which shall be necessary and proper for carrying into execution the powers delegated to it. This clause became the basis for the doctrine of implied powers, which allowed Congress to act in a manner not explicitly stated in the Constitution, as long as it was necessary and proper to execute its powers.

Concerning the Bank of the United States, the Necessary and Proper Clause was used to justify the creation of the bank. Alexander Hamilton, one of the leading proponents of the bank, argued that it was necessary and proper for Congress to establish the bank to carry out its enumerated powers, such as regulating commerce and collecting taxes. Hamilton believed that the bank was an appropriate instrument to fulfill the legitimate ends of the Constitution, even though it was not expressly authorized by the Constitution. The Supreme Court later supported this interpretation in the case of McCulloch v. Maryland, where it ruled that Congress had the implied power to establish the bank under the necessary and proper clause.

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