Article I, Section 8, Clause 18

The Federalist and Federalist essays

• cited bySuggested
  Aristides, ¶ 36

  They are almoſt univerſally admitted to be proper for a federal head, except only the ſweeping clauſe, and the power of raiſing fleets and armies, without any ſtint or limitation, in time of peace.

  The paragraph names "the sweeping clause" and introduces it as "the clause" quoted in the next paragraph, which is the last clause of Article I, Section 8.

• quoted bySuggested
  Aristides, ¶ 37

  To make all laws, which ſhall 〈◊〉 neceſſary and proper for carrying into execution the foregoing powers, and all other powers veſted by this conſtitution, in the government of the United States, or in any department or officer thereof.

  The paragraph, headed "Art. 1, sect. ..., par. the last," quotes the last clause of Article I, Section 8. A word of the printed clause is lost in the scan, and the commas differ slightly in the full quotation; the quoted words are identical.

• cited bySuggested
  Aristides, ¶ 38

  It is apprehended, that this ſweeping clauſe will afford pretext, for freeing congreſs from all conſtitutional reſtraints.

  The paragraph refers to "this sweeping clause," the clause quoted two paragraphs earlier, which is the last clause of Article I, Section 8.

• cited bySuggested
  Aristides, ¶ 40

  I take the conſtruction of theſe words to be preciſely the ſame, as if the clauſe had proceeded further and ſaid, No act of congreſs ſhall be valid, unleſs it have relation to the foregoing powers, and be neceſſary and proper for carrying them into execution.

  The paragraph restates the "necessary and proper" clause as meaning that no act of congress is valid unless it relates to the foregoing powers and is "necessary and proper for carrying them into execution."

• cited bySuggested
  Aristides, ¶ 41

  Without this general clauſe, it were eaſy to ſuppoſe caſes, wherein a particular clauſe might be incompetent to its own purpoſe.—

  The paragraph refers to "this general clause" in the discussion of the clause quoted earlier, the last clause of Article I, Section 8.

• quoted bySuggested
  A Native of Virginia, Article I, ¶ 86

  And—To make all laws which ſhall be neceſſary and proper for carrying into executiont the foregoing powers, and other powers veſted by this Conſtitution in the government of the United States, or in any departmen or officer thereof.

  The paragraph prints Article I, Section 8, Clause 18 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.

• cited bySuggested
  A Native of Virginia, Article I, ¶ 87

  BY this clauſe, Congreſs have no farther legiſlative authority than ſhall be deemed neceſſary to carry into execution the powers veſted by this Conſtitution.

  The paragraph says that by "this clause" Congress has no further authority than is necessary to carry into execution the powers vested by the Constitution, which is the last clause of Article I, Section 8.

• cited bySuggested
  Federalist No. 29, ¶ 4

  It would be as absurd to doubt, that a right to pass all laws NECESSARY AND PROPER to execute its declared powers, would include that of requiring the assistance of the citizens to the officers who may be intrusted with the execution of those laws, as it would be to believe,…

  Names the right "to pass all laws NECESSARY AND PROPER to execute its declared powers," repeating this clause's words "necessary and proper."

• cited bySuggested
  Federalist No. 31, ¶ 10

  As the laws of the Union are to become the supreme law of the land, as it is to have power to pass all laws that may be NECESSARY for carrying into execution the authorities with which it is proposed to vest it, the national government might at any time abolish the taxes imposed for State objects upon the pretense of an interference with its own.

  The objection the paragraph quotes names the power "to pass all laws that may be NECESSARY for carrying into execution" the national authorities, echoing this clause's words "necessary and proper for carrying into Execution."

• quoted byReviewed
  Federalist No. 33, ¶ 1

  The last clause of the eighth section of the first article of the plan under consideration authorizes the national legislature “to make all laws which shall be NECESSARY and PROPER for carrying into execution THE POWERS by that Constitution vested in the government of the United States, or in any department or officer thereof”; and the second clause of the sixth article declares, “that the Constitution and the laws of the United States made IN PURSUANCE THEREOF, and the treaties made by their…

  The paragraph quotes this clause, which it identifies as "the last clause of the eighth section of the first article."

• cited bySuggested
  Federalist No. 33, ¶ 4

  And it is EXPRESSLY to execute these powers that the sweeping clause, as it has been affectedly called, authorizes the national legislature to pass all NECESSARY and PROPER laws.

  Refers back to the clause quoted in the first paragraph, calling it "the sweeping clause" and echoing its words "necessary and proper."

• quoted byReviewed
  Federalist No. 44, ¶ 11

  Of these the first is, the “power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

  Quotes this clause in quotation marks as the first of the sixth class of powers.

• cited bySuggested
  Federalist No. 44, ¶ 15

  Had the convention attempted a positive enumeration of the powers necessary and proper for carrying their other powers into effect, the attempt would have involved a complete digest of laws on every subject to which the Constitution relates; accommodated too, not only to the existing state of things, but…

  Continues the discussion of the clause quoted in the previous paragraph, repeating its words "necessary and proper."

• cited bySuggested
  Federalist No. 44, ¶ 16

  Had they attempted to enumerate the particular powers or means not necessary or proper for carrying the general powers into execution, the task would have been no less chimerical; and would have been liable to this further objection, that every defect in the enumeration would have been equivalent to a…

  Continues the discussion of the clause quoted two paragraphs earlier, turning its words into "not necessary or proper," and refers to it as "this part of the Constitution."

Anti-Federalist essays

• quoted bySuggested
  Agrippa 10, ¶ 3

  By the last clause of Article i, section 8, which defines their legislative powers, they are authorised to make laws for carrying into execution all the ," powers vested by this constitution in the government of the United States, or in any department or officer thereof;" and by article 6, the judges in every state are to be bound by the laws of Congress.

  The paragraph names "the last clause of Article i, section 8" and quotes its wording in quotation marks.

• quoted bySuggested
  Agrippa 13, ¶ 4

  The last clause of article I, section 8, expressly gives them power " to make all laws which shall be needful and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof" It is, therefore, as plain as words can make it, that they have a right by this proposed form to legislate for all kinds of causes respecting property between…

  The paragraph names "the last clause of article I, section 8" and quotes it in quotation marks; the quotation as printed reads "needful and proper" where the clause reads "necessary and proper."

• quoted bySuggested
  Brutus 1, ¶ 8

  …judicial, with respect to every object to which it extends, for by the last clause of section eighth, article first, it is declared, that the Congress shall have power " to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof." And by the sixth article, it is declared, " that this Constitution, and the laws of the United States, which shall be made in pursuance thereof, and the treaties…

  The paragraph quotes, in quotation marks, the clause it names as "the last clause of section eighth, article first"; the essay prints "office" where the clause has "Officer".

• cited bySuggested
  Brutus 1, ¶ 11

  How far the clause in the eighth section of the first article may operate to do away all idea of Confederated States, and to effect an entire consolidation of the whole into one general government, it is impossible to say.

  The paragraph names "the clause in the eighth section of the first article" and identifies it by restating its words: "A power to make all laws, which shall be necessary and proper, for carrying into execution all powers vested by the Constitution".

• cited bySuggested
  Brutus 1, ¶ 12

  …laying and collecting taxes, duties, imposts, and excises ; of regulating trade, raising and supporting armies, organizing, arming, and disciplining the militia, instituting courts, and other general powers ; and are by this clause invested with the power of making all laws, proper and necessary, for carrying all these into execution ; and they may so exercise this power as entirely to annihilate all the State governments, and reduce this country to one single government.

  The paragraph refers again to "this clause" of the previous paragraph and names it by its words, the power "of making all laws, proper and necessary, for carrying all these into execution".

• quoted bySuggested
  Centinel 5, ¶ 4

  Congress may soon terminate the contention by repealing the state law, by virtue of the following section: "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the United States, or in any department thereof." Indeed, every law of the states may be controlled by this power.

  The paragraph quotes the necessary and proper clause, introduced as "the following section" after the taxing clause of Article I, Section 8.

• quoted bySuggested
  Centinel 5, ¶ 5

  But the convention has superadded another power, by which the Congress may stamp with the sanction of the constitution every possible law; it is contained in the following clause: "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof." Whatever law Congress may deem necessary and proper for carrying into execution any of the powers vested in them may be enacted; and by virtue of this clause, they…

  The paragraph quotes the necessary and proper clause in full, introducing it as "the following clause."

• cited bySuggested
  Centinel 8, ¶ 4

  …supreme law of the land ; therefore there was no use in portraying the ultimate object by superadding the form to reality of supremacy in the following clause, viz : That which empowers the new Congress to make all laws that may be necessary and proper for carrying into execution any of their powers, by virtue of which every possible law will be constitutional, as they are to be the sole judges of the propriety of such laws, that which ordains that their…

  The paragraph names, among "the following clause[s]," the one empowering Congress to make all laws necessary and proper for executing its powers, closely echoing Article I, Section 8, Clause 18.

• quoted bySuggested
  Federal Farmer 4, ¶ 7

  8, in these words (after enumerating a number of powers) " To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof." The powers of this government as has been observed, extend to internal as well as external objects, and to those objects to which all others are subordinate ; it…

  Quotes the clause verbatim in quotation marks, introduced as "a general clause in art. i, sect. 8" (OCR "i" for "1").

• quoted bySuggested
  Sydney 1, ¶ 24

  …to lay and collect all taxes, duties, imposts and excises, to pay the debts, and provide for the common defence and general welfare of the United States," and also " to make all laws which shall be necessary and proper for carrying into execution the foregoing powers vested by this constitution in the government of the United States, or in any department or office thereof"

  The paragraph quotes the last clause of Article I, Section 8 in quotation marks (omitting "and all other Powers").

• quoted bySuggested
  Sydney 2, ¶ 10

  By the iSth clause, "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department thereof."

  The paragraph cites "the iSth [18th] clause" of Article I, Section 8 and quotes it in quotation marks.

• quoted bySuggested
  Sydney 2, ¶ 34

  or in the heads of departments." By the 1st art, 8 section, 9, 18 clauses, Congress have power " to constitute tribunals inferior to the supreme court, to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof."

  The paragraph cites "the 1st art, 8 section, 9, 18 clauses" and quotes the eighteenth in quotation marks.

Other writings

• cited bySuggested
  Maryland convention, Maryland convention, ¶ 18

  By this amendment, the general powers given to Congress by the first and last paragraphs of the 8th sect. of art. 1, and the 2d paragraph of the 6th article, would be in a great measure restrained; those dangerous expressions, by which the bills of rights, and constitutions, of the several…

  The comment on a proposed amendment cites "the first and last paragraphs of the 8th sect. of art. 1"; the reference is by number. The link is to the clause cited, not to the amendment.

• cited bySuggested
  New York convention, June 26, 1788, ¶ 14

  …and promote the general welfare;” and in the clause under consideration, the power is in express words given to Congress “to provide for the common defence and general welfare.” And in the last paragraph of the same section, there is an express authority to make all laws which shall be necessary and proper for the carrying into execution this power.

  The speaker points to "the last paragraph of the same section" (section 8) and gives its words, "to make all laws which shall be necessary and proper".

• cited bySuggested
  New York convention, June 26, 1788, ¶ 16

  Let us inquire also what is implied in the authority to pass all laws which shall be necessary and proper to carry this power into execution.

  The speaker discusses "the authority to pass all laws which shall be necessary and proper" to carry the power into execution, the words of the last paragraph of Article I, Section 8; he does not give a number.

• cited bySuggested
  New York convention, June 27, 1788, ¶ 4

  Another clause declares that Congress shall have power to make all laws necessary to carry the Constitution into effect.

  The speaker says that "another clause declares that Congress shall have power to make all laws necessary to carry the Constitution into effect"; only the necessary and proper clause fits, and he does not give a number.

• cited bySuggested
  New York convention, June 27, 1788, ¶ 10

  I also observed, that the powers granted by it were indefinite, since the Congress are authorized to provide for the common defence and general welfare, and to pass all laws necessary for the attainment of those important objects.

  In the same sentence the speaker says Congress is authorized "to pass all laws necessary for the attainment of" those objects, describing the last paragraph of Article I, Section 8 without a number.

• quoted bySuggested
  North Carolina convention, July 28, 1788, ¶ 60

  This clause enables them to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or any department or officers thereof.” This clause specifies that they shall make laws to carry into execution all the powers vested by…

  Maclaine calls it "an express clause" and quotes it.

• quoted bySuggested
  Pennsylvania convention, December 11, 1787, ¶ 129

  In making all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof;

  In stating an objection, the speaker repeats the words of the clause; he does not name it by number.

• quoted bySuggested
  Pennsylvania convention, December 11, 1787, ¶ 159

  Another objection was taken from these words of the Constitution—“to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or office thereof.” And, in declaring “that this Constitution, and the laws of the United States which shall be made in pursuance thereof, and all…

  The speaker quotes "these words of the Constitution" in quotation marks.

• quoted bySuggested
  Pennsylvania convention, December 1, 1787, ¶ 10

  Can the words, “The Congress shall hare power to make all laws which shall be necessary and proper to carry into execution the foregoing powers,” be capable of giving them general legislative power?

  The speaker quotes the clause in quotation marks and calls it "the general clause at the end of the eighth section".

• cited bySuggested
  Pennsylvania convention, December 4, 1787, ¶ 24

  That the last clause of the 8th section of the 1st article, gives the power of self-preservation to the general government, independent of the states; for, in case of their abolition, it will be alleged, in behalf of the general government,…

  The speaker cites "the last clause of the 8th section of the 1st article"; the reference is by number.

• cited bySuggested
  Pennsylvania convention, December 4, 1787, ¶ 26

  This is a plain and simple deduction from the Constitution; and yet the objection is stated as conclusive upon an argument expressly drawn from the last clause of this section.

  The speaker refers to "the last clause of this section", which follows the preceding passages' citation of the last clause of the 8th section of the 1st article; the section is not named in this passage.

• quoted bySuggested
  Pennsylvania convention, December 4, 1787, ¶ 51

  …been found, gives no more or other powers; nor does it, in any degree, go beyond the Particular enumeration; for, when it is said that Congress shall have power to make all laws which shall be necessary and proper, those words are limited and defined by the following, “for carrying into execution the foregoing powers.” It is saying no more than that the powers we have already particularly…

  The speaker refers to "the concluding clause" of the section and repeats its words, then quotes the words that follow them.

• cited bySuggested
  Virginia convention, June 10, 1788, ¶ 44

  It will also be strongly supported by the last clause in the 8th section of the 1st article, which vests it with the power of making all laws necessary to carry its powers into effect.

  The speaker refers to "the last clause in the 8th section of the 1st article".

• cited bySuggested
  Virginia convention, June 10, 1788, ¶ 46

  If you give to the United States the power of direct taxation, in making all laws necessary to give it operation, (which is a power given by the last clause in the 8th section of the 1st article,) suppose they should be of opinion that the right of the trial by jury was not one of the requisites to carry it into effect; there is no check…

  The speaker refers to "the last clause in the 8th section of the 1st article".

• quoted bySuggested
  Virginia convention, June 10, 1788, ¶ 101

  This dreaded clause runs in the following words: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers Vested by this Constitution in the government of the United States, or in any department or officer thereof.” The committee will perceive that the Constitution had enumerated all the powers which the general government should have, but did not say how they were to be exercised.

  The speaker says "This dreaded clause runs in the following words" and quotes the clause giving Congress power to make all laws which shall be necessary and proper.

• quoted bySuggested
  Virginia convention, June 16, 1788, ¶ 31

  This clause enables them “to make all laws which shall be necessary and proper to carry into execution all the powers vested by this Constitution in the government of the United States, or in any department or officer thereof.” Mr.

  The speaker refers to "the sweeping clause" and says "This clause enables them" and quotes its words on making all laws which shall be necessary and proper.

• cited bySuggested
  Virginia convention, June 16, 1788, ¶ 61

  Compare this power, says he, with the next clause, which gives them power to make all laws which shall be necessary to carry their laws into execution.

  The speaker refers to "the next clause, which gives them power to make all laws which shall be necessary to carry their laws into execution".

• quoted bySuggested
  Virginia convention, June 16, 1788, ¶ 74

  With respect to the necessity of the ten miles square being superseded by the subsequent clause, which gives them power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof, I understand that clause as not going a single step beyond the delegated powers.

  The speaker refers to "the subsequent clause, which gives them power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"; the words are not in quotation marks.

• cited bySuggested
  Virginia convention, June 16, 1788, ¶ 75

  …enumerated powers, Congress are to lay and collect taxes, duties, imposts, and excises, and to pay the debts, and to provide for the general welfare and common defence; and by that clause (so often called the sweeping clause) they are to make all laws necessary to execute those laws.

  The speaker refers to "that clause (so often called the sweeping clause)" by which Congress "are to make all laws necessary to execute those laws".

• cited bySuggested
  Virginia convention, June 16, 1788, ¶ 78

  The clause which was affectedly called the sweeping clause contained no new grant of power.

  The paragraph refers to "The clause which was affectedly called the sweeping clause".

• cited bySuggested
  Virginia convention, June 16, 1788, ¶ 63

  The sweeping clause will fully enable them to do what they please.

  The speaker says "The sweeping clause will fully enable them to do what they please."

• cited bySuggested
  Virginia convention, June 16, 1788, ¶ 65

  If that latitude of construction which he contends for were to take place with respect to the sweeping clause, there would be room for those horrors.

  The speaker refers to "the sweeping clause" and says "It only enables them to execute the delegated powers."

• cited bySuggested
  Virginia convention, June 17, 1788, ¶ 54

  I said, when I opened my observations, that I thought the friends of the Constitution were mistaken when they supposed the powers granted by the last clause of the 8th section to be merely incidental; and that its enemies were equally mistaken when they put such an extravagant construction upon it.

  The speaker refers to "the powers granted by the last clause of the 8th section".

• cited bySuggested
  Virginia convention, June 17, 1788, ¶ 6

  With respect to the supposed operation of what was denominated the sweeping clause, the gentleman, he said, was mistaken; for it only extended to the enumerated powers.

  The paragraph reports a reference to "what was denominated the sweeping clause".

• cited bySuggested
  Virginia convention, June 17, 1788, ¶ 32

  Permit me to return to that clause which is called by gentlemen the sweeping clause.

  The speaker refers to "that clause which is called by gentlemen the sweeping clause".

• quoted bySuggested
  Virginia convention, June 7, 1788, ¶ 77

  …these rights, and you give your implication for a plea, you are cast; for they will be justified by the last part of it, which gives them full power “to make all laws which shall be necessary and proper to carry their power into execution.” Implication is dangerous, because it is unbounded: if it be admitted at all, and no limits be prescribed, it admits of the utmost extension.

  The speaker quotes "to make all laws which shall be necessary and proper to carry their power into execution" after saying that Congress will be justified by "the last part of it, which gives them full power".

Debates in Congress

• cited bySuggested
  House, August 15, 1789, ¶ 9

  …words are necessary or not, he did not mean to say, but they had been required by some of the State Conventions, who seemed to entertain an opinion that under the clause of the constitution, which gave power to Congress to make all laws necessary and proper to carry into execution the constitution, and the laws made underit, enabled them.

  The paragraph names "the clause of the constitution, which gave power to Congress to make all laws necessary and proper to carry into execution"; only the last clause of Article I, Section 8 fits.

• quoted bySuggested
  House, June 8, 1789, ¶ 57

  …a certain extent, in the same manner as the powers of the State Governments under their constitutions may to an indefinite extent; because in the constitution of the United States, there is a clause granting to Congress the power to make all laws which shall be necessary and proper for carrying into execution all the powers vested in the Government of the United States, or in any department or officer thereof; this enables them to fulfil every purpose for which the Government was…

  The paragraph names "a clause granting to Congress the power" and gives its words, "to make all laws which shall be necessary and proper for carrying into execution."

• quoted bySuggested
  House, January 6, 1865, ¶ 35

  To make all huvs which shall be necessary and proper for carrying into execution the foregoing powers, and fill other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof."

  The paragraph quotes the provision that follows the enumeration of powers in Article I, Section 8, its last clause ("huvs" and "fill" are OCR misreadings).

• cited bySuggested
  House, May 10, 1866 (2), ¶ 29

  There was in the Constitution of the United States an express grant of power to the Federal Congress to lay and collect duties and imposts and to pass all laws necessary to carry that grant of power into execution.

  The paragraph names the Constitution's grant of power "to pass all laws necessary to carry that grant of power into execution", the necessary and proper clause.

• cited bySuggested
  House, January 28, 1869 (3), ¶ 19

  Maryland, he will find that the words" necessary and proper" do not mean everything that Congress thinks is nece s sary.

  The paragraph names "the words 'necessary and proper'" as construed in McCulloch v. Maryland, the words of the last clause of Article I, Section 8.

• quoted bySuggested
  House, January 28, 1869 (3), ¶ 26

  The word' powers' controls the whole question, i he Government of the United States has no legislative powers, gave the express grants and the general grant to pass all laws which shall bo necessary and proper to carry into execution all other powers vested by the Constitution m the Government of the united States, or in any department or any officer thereof, and the implied powers necessary to carry the express powers into effect, A grant of power, according to all construction, is a very different thing from a bill of…

  The paragraph, part of a quotation from Mr. Bingham's speech of 1866, gives the words of the "general grant" of power in the last clause of Article I, Section 8.

• cited bySuggested
  House, January 28, 1869 (3), ¶ 28

  The Coubtitutioa of the United States is oae of limited and expressly delegated' powers, which can only be exercised asgranted, or in cases enumerated.' "Speaking of the authority given to Congress by the last clause of the first article, eighth section, of the Constitution, Jodge Story in his Commentaries, -section 1238, says:

  The paragraph, part of a quotation from Mr. Bingham's speech of 1866, cites "the last clause of the first article, eighth section, of the Constitution".

• quoted bySuggested
  House, December 17, 1917, ¶ 544

  Tllen in Article I, section 8, it is further provided that Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing power and nH other powers vested by this Constitution in the Government of the United States or in any department or officer thereof.

  The speaker names "Article I, section 8" and quotes its last clause, the power "to make all laws which shall be necessary and proper".

• cited bySuggested
  House, December 17, 1917, ¶ 564

  STEELE] undertakes to supp ort his argument by citing the section of the Con$titution that gives Congress the powel:' to enact legislation nece sary to put into effect the powers granted by the Con titution.

  The speaker names "the section of the Constitution that gives Congress the power to enact legislation necessary to put into effect the powers granted", Article I, Section 8, Clause 18.

• cited bySuggested
  House, August 27, 1962, ¶ 257

  Both the 15th amendment and article 1, section 8, clause 18, authorize Congress to implement the right to vote without racial distinction.

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• quoted bySuggested
  House, August 27, 1962, ¶ 261

  Article 1, section 8, of the Constitution gives the power to Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

  The paragraph quotes words of Article I, Section 8, Clause 18.

• cited bySuggested
  Senate, May 23, 1866, ¶ 22

  They are not powers granted by the Constitution to Congress, and of course do not come within the sweeping clause of the Constitution authorizing Congress to pass all laws necessary and proper for carrying out the foregoing or granted powers, but they stand simply as a bill of rights in the Constitution, without power on the part of Congress to give them full effect; while at the same time…

  The paragraph names "the sweeping clause of the Constitution authorizing Congress to pass all laws necessary and proper for carrying out the foregoing or granted powers," the last clause of Article I, Section 8.

• quoted bySuggested
  Senate, February 17, 1869 (2), ¶ 709

  After going through with the list of seventeen express grants of power, that section provides in the eighteenth that Congress shall have power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof.”

  The paragraph cites "the eighth section of the first article" and its eighteenth grant of power, which it quotes in full in quotation marks.

• cited bySuggested
  Senate, January 23, 1869, ¶ 36

  I take it, there would be power in Congress, under the clause which gives Congress power to pass all laws necessary to carry the Constitution into effect, to provide for the mode of choosing that convention.

  The paragraph names "the clause which gives Congress power to pass all laws necessary to carry the Constitution into effect"; only the last clause of Article I, Section 8 fits.

• cited bySuggested
  Senate, February 15, 1933 (2), ¶ 161

  In aid of the thought exp:ressed by the Senator from Wisconsin, and answering some suggestion of the Senator from Ohio, I would like to have appear in the RECORD the last subdivision, subdivision 18, of section 8, again? of Article I of the Constitution of the United states, which reads:

  The paragraph cites Article I, Section 8, subdivision 18 of the Constitution by number and introduces its text, which is printed in the next paragraph.

• quoted bySuggested
  Senate, February 15, 1933 (2), ¶ 162

  To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States or in any department or officer thereof.

  The paragraph quotes Article I, Section 8, Clause 18 in full, introduced in the preceding paragraph as subdivision 18 of section 8 of Article I.

• cited bySuggested
  Senate, February 2, 1960 (3), ¶ 23

  …represented a burden upon the right to vote for Federal officials, that that is a Federal right protected by the Constitution, and that Congress has the right to declare, therefore, under the necessary and proper clause of the Constitution, that it is a burden on voting, thereby can forbid the States from levying it.

  The paragraph names the necessary and proper clause of the Constitution, Article I, Section 8, Clause 18.

• quoted bySuggested
  Senate, February 2, 1960 (3), ¶ 35

  …State action by the exercise of its powers to regulate elections under section 4, and its more general power under article I, section 8, clause 18 of the Constitution "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

  The quoted opinion cites article I, section 8, clause 18 of the Constitution and quotes its words in quotation marks.

• quoted bySuggested
  Senate, February 2, 1960 (3), ¶ 228

  to regulate elections under section 4 and its more general power under article I, section 8, clause 18, of the Constitution 'to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.'"

  The quoted decision cites article I, section 8, clause 18 of the Constitution and quotes its words.

• cited bySuggested
  Senate, January 28, 1960 (4), ¶ 285

  It points out that section 4 of article I is supplemented by the power of Congress to pass implementing legislation under the necessary and proper clause, article I, section 8, clause 18.

  The paragraph cites the necessary and proper clause as article I, section 8, clause 18.

• cited bySuggested
  Senate, March 19, 1962, ¶ 118

  However, the provision of the Constitution which applies, article I, section 8, clause 18, reads as follows:

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• quoted bySuggested
  Senate, March 19, 1962, ¶ 120

  To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers • • •.

  The paragraph quotes words of Article I, Section 8, Clause 18.

• cited bySuggested
  Senate, March 21, 1962 (2), ¶ 179

  men ted by Congress' power to pass implementing legislation under the "necessary and proper" clause, article I, section 8, clause 18.

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• cited bySuggested
  Senate, March 22, 1962, ¶ 69

  …article 1, to the extent that Congress has not restricted State action by the exercise of its powers to regulate elections under section 4 and its more general power under article 1, section 8, clause 18 of the Constitution to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• cited bySuggested
  Senate, March 22, 1962, ¶ 259

  Not only does section 4 of article I authorize Congress to regulate the manner of holding elections, but by article I, section 8, clause 18, Congress is given authority "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution…

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• cited bySuggested
  Senate, March 22, 1962, ¶ 390

  …article I, to the extent that Congress has not restricted State action by the exercise of its powers to regulate elections under section 4 and its more general power under article I, section 8, clause 18, of the Constitution "to make all laws which shall be necessary and proper for carrying into ex .

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• quoted bySuggested
  Senate, March 22, 1962, ¶ 69

  …restricted State action by the exercise of its powers to regulate elections under section 4 and its more general power under article 1, section 8, clause 18 of the Constitution to make all laws which shall be necessary and proper for carrying into execution the foregoing powers.

  The paragraph quotes words of Article I, Section 8, Clause 18.

• quoted bySuggested
  Senate, March 22, 1962, ¶ 259

  Not only does section 4 of article I authorize Congress to regulate the manner of holding elections, but by article I, section 8, clause 18, Congress is given authority "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof." This provision leaves to the Congress the choice of means by which its constitutional powers are to be carried into execution.

  The paragraph quotes Article I, Section 8, Clause 18.

• quoted bySuggested
  Senate, March 22, 1962, ¶ 387

  The latter empowers Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in the Government of the United States, or in any department or officer thereof."

  The paragraph quotes Article I, Section 8, Clause 18.

• quoted bySuggested
  Senate, March 22, 1962, ¶ 390

  …State action by the exercise of its powers to regulate elections under section 4 and its more general power under article I, section 8, clause 18, of the Constitution "to make all laws which shall be necessary and proper for carrying into ex .

  The paragraph quotes words of Article I, Section 8, Clause 18.

• cited bySuggested
  Senate, March 22, 1962, ¶ 386

  There are those who claim authority to work their will through the combined provisions of paragraph 1, section 4, and paragraph 18, section 8 of article I.

  The paragraph cites paragraph 18, section 8 of article I by number.

• cited bySuggested
  Senate, March 23, 1962 (4), ¶ 157

  …article I, to the extent that Congress has not restricted State action by the exercise of its powers to regulate elections under section 4 and its more general ;power under article I, section 8, clause 18 of the Constitution to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• quoted bySuggested
  Senate, March 23, 1962 (4), ¶ 48

  355 (1959), under Federal constitutional authority to regulate the manner of holding elections for Federal office and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers:

  The paragraph quotes words of Article I, Section 8, Clause 18.

• quoted bySuggested
  Senate, March 23, 1962 (4), ¶ 157

  …restricted State action by the exercise of its powers to regulate elections under section 4 and its more general ;power under article I, section 8, clause 18 of the Constitution to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

  The paragraph quotes words of Article I, Section 8, Clause 18.

• quoted bySuggested
  Senate, March 24, 1962, ¶ 437

  It is to · make all laws which shall be necessary and proper "for carrying into execution" the above provisions of ar­ ' ticle I, section 2.

  The paragraph quotes words of Article I, Section 8, Clause 18.

• cited bySuggested
  Senate, March 24, 1962, ¶ 438

  Congress undoubtedly has that power; and I think Congress has, under the necessary and proper clause, power to legislate so as to see that the States make the same provisions for qualification of electors of Members of Congress as they do for electors of their…

  The paragraph names the necessary and proper clause, which is Article I, Section 8, Clause 18.

• cited bySuggested
  Senate, March 24, 1962 (2), ¶ 415

  …article I, to the extent that Congress has not restricted State action by the exercise of its powers to regulate elections under section 4 and its more general power under article I, section 8, clause 18 of the Constitution "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• quoted bySuggested
  Senate, March 24, 1962 (2), ¶ 415

  …State action by the exercise of its powers to regulate elections under section 4 and its more general power under article I, section 8, clause 18 of the Constitution "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

  The paragraph quotes words of Article I, Section 8, Clause 18.

• cited bySuggested
  Senate, February 19, 1965 (4), ¶ 22

  At issue is the interpretation of the "necessary and proper" authority of article I, section 8, clause 18-Does Congress have the power to legislate with respect to the question of vacancy · and inability?

  The paragraph cites Article I, Section 8, Clause 18 of the Constitution by number.

• cited bySuggested
  Senate, March 10, 1971 (3), ¶ 93

  (a) In the exercise of the powers of the Congress under the necessary and proper clause of section 8, article I of the Constitution and section 5 of the fourteenth amendment of the Constitution the Attorney General is authorized and directed to institute in the name of the United States such actions against States…

  The proposed section cites the necessary and proper clause of section 8, article I of the Constitution, which is its Clause 18.

The Supreme Court

Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.

• interpreted bySuggested
  McCulloch v. Maryland (1819)17 U.S. 316, decided March 18, 1819

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.3, ArtI.S8.C18.4, ArtI.S8.C18.6, pp. 479, 480, 485.

• interpreted bySuggestedOverruled
  Osborn v. Bank of the United States (1824)22 U.S. 738, decided March 19, 1824

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.3, ArtI.S8.C18.4, ArtI.S8.C18.5, pp. 480, 481.

• interpreted bySuggested
  Yick Wo v. Hopkins (1886)118 U.S. 356, decided May 10, 1886

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.8.5, pp. 517, 526.

• interpreted bySuggested
  Nishimura Ekiu v. United States (1892)142 U.S. 651, decided January 18, 1892

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.1, ArtI.S8.C18.8.6, ArtI.S8.C18.8.7, ArtI.S8.C18.8.7.1, ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.7.3, ArtI.S8.C18.8.8.5, pp. 509, 515, 516, 518, 525.

• interpreted bySuggested
  United States v. Darby (1941)312 U.S. 100, decided February 3, 1941

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.1, ArtI.S8.C18.3, ArtI.S8.C18.4, pp. 474, 475, 480.

• interpreted bySuggested
  United States ex rel. Knauff v. Shaughnessy (1950)338 U.S. 537, decided January 16, 1950

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.7.10, ArtI.S8.C18.8, ArtI.S8.C18.8.1, ArtI.S8.C18.8.6, ArtI.S8.C18.8.7, ArtI.S8.C18.8.7.1, ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.7.3, ArtI.S8.C18.8.8.1, ArtI.S8.C18.8.8.2, ArtI.S8.C18.8.8.5, pp. 508, 516, 518, 520, 525.

• interpreted bySuggested
  Johnson v. Eisentrager (1950)339 U.S. 763, decided June 5, 1950

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.7.3, pp. 517, 518.

• interpreted bySuggested
  Shaughnessy v. United States ex rel. Mezei (1953)345 U.S. 206, decided March 16, 1953

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.7.3, ArtI.S8.C18.8.8, ArtI.S8.C18.8.8.1, ArtI.S8.C18.8.8.5, pp. 517, 518, 519, 525, 526.

• interpreted bySuggested
  Watkins v. United States (1957)354 U.S. 178, decided June 17, 1957

  The Constitution Annotated's essays on this provision cite the case on 8 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.7.1, ArtI.S8.C18.7.2, ArtI.S8.C18.7.3, ArtI.S8.C18.7.4, ArtI.S8.C18.7.5, ArtI.S8.C18.7.6, ArtI.S8.C18.7.7, ArtI.S8.C18.7.8, pp. 487, 489, 491, 496, 497, 499, 500, 503.

• interpreted bySuggested
  Barenblatt v. United States (1959)360 U.S. 109, decided June 8, 1959

  The Constitution Annotated's essays on this provision cite the case on 6 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.6, ArtI.S8.C18.7, ArtI.S8.C18.7.1, ArtI.S8.C18.7.3, ArtI.S8.C18.7.4, ArtI.S8.C18.7.5, ArtI.S8.C18.7.6, ArtI.S8.C18.7.7, pp. 486, 491, 496, 497, 499, 501.

• interpreted bySuggested
  Fiallo v. Bell (1977)430 U.S. 787, decided April 26, 1977

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.1, ArtI.S8.C18.8.8, ArtI.S8.C18.8.8.1, ArtI.S8.C18.8.8.2, ArtI.S8.C18.8.8.3, ArtI.S8.C18.8.8.4, pp. 509, 519, 520, 521, 523.

• interpreted bySuggested
  Landon v. Plasencia (1982)459 U.S. 21, decided November 15, 1982

  The Constitution Annotated's essays on this provision cite the case on 5 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.1, ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.8, ArtI.S8.C18.8.8.1, ArtI.S8.C18.8.8.2, ArtI.S8.C18.8.8.5, pp. 509, 517, 519, 520, 525.

• interpreted bySuggested
  Printz v. United States (1997)521 U.S. 898, decided June 27, 1997

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.5, ArtI.S8.C18.6, ArtI.S8.C18.7, ArtI.S8.C18.7.1, pp. 484, 486.

• interpreted bySuggested
  United States v. Morrison (2000)529 U.S. 598, decided May 15, 2000

  The Constitution Annotated's essays on this provision cite the case on 2 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.5, ArtI.S8.C18.6, pp. 483, 485.

• interpreted bySuggested
  Zadvydas v. Davis (2001)533 U.S. 678, decided June 28, 2001

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.1, ArtI.S8.C18.8.7.2, ArtI.S8.C18.8.7.3, ArtI.S8.C18.8.8.4, pp. 509, 517, 518, 524.

• interpreted bySuggested
  Kerry v. Din (2015)576 U.S. 86, decided June 15, 2015

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.8.1, ArtI.S8.C18.8.8.2, ArtI.S8.C18.8.8.3, ArtI.S8.C18.8.8.4, pp. 520, 521, 522, 523.

• interpreted bySuggested
  Trump v. Hawaii (2018)585 U.S. 667, decided June 26, 2018

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.8.1, ArtI.S8.C18.8.8, ArtI.S8.C18.8.8.1, ArtI.S8.C18.8.8.3, ArtI.S8.C18.8.8.4, pp. 509, 519, 522, 523.

• interpreted bySuggested
  Trump v. Mazars USA, LLP (2020)591 U.S. 848, decided July 9, 2020

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S8.C18.7.10, ArtI.S8.C18.7.9, pp. 505, 506, 507.

On Article I, Section 8 as a whole

• cited bySuggested
  House, January 6, 1865, ¶ 34
• cited bySuggested
  House, August 27, 1962, ¶ 261
• cited bySuggested
  Senate, June 12, 1911, ¶ 292
• cited bySuggested
  Senate, February 16, 1933 (2), ¶ 291
• cited bySuggested
  Senate, March 27, 1962 (3), ¶ 153
• cited bySuggested
  Massachusetts convention, January 21, 1788, ¶ 31
• cited bySuggested
  Pennsylvania convention, December 4, 1787, ¶ 51
• cited bySuggested
  Remarks on the New Plan, ¶ 6
• cited by
  Federalist No. 82, note 2