What is the necessary and proper clause?
The Necessary and Proper Clause gives Congress power to make laws that carry out federal powers. Those laws carry out powers the Constitution already vests in the federal government.
Congress.gov is the source of record for this guide. Article I, Section 8, Clause 18 gives Congress power to make necessary and proper laws.
Whose powers does the clause cover?
The clause covers more than Congress’s own listed powers. It also covers other powers the Constitution vests in any department or officer of the federal government.
Congress.gov’s overview of the Necessary and Proper Clause explains this scope. Congress can pass laws to help carry out powers of the executive and judicial branches, not just its own.
How does it relate to enumerated powers?
Enumerated powers are powers the Constitution expressly grants. The enumerated powers guide explains Congress’s listed powers, such as taxing, borrowing, and regulating commerce.
The Necessary and Proper Clause lets Congress choose means to carry those powers into effect. The Constitution does not need to name every tool Congress uses. That is why discussions of implied powers often point to this clause.
Does the clause give Congress unlimited power?
No. The clause helps Congress carry out constitutional powers. It does not give Congress unlimited power over every subject or let it ignore other constitutional limits.
The Congress guide explains how the House and Senate share lawmaking power. A constitutional basis for a bill does not replace the steps required to pass it.
See how Congress uses its powers
Congress turns constitutional powers into policy through legislation. Your members’ recorded votes show which choices they supported or opposed. Follow their votes on major bills with plain-English emails.
Get major votes in your inbox
Cappy Pillow uses your ZIP code to find your senators and your House representative. Get free plain-English emails about their recorded votes on major bills.
Sign up for vote alerts