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Necessary and Proper Clause
The Necessary and Proper Clause refers to Clause 18 under Article I, Section 8 of the ... Proper Clause—also sometimes called the Elastic Clause, Coefficient Clause, or Basket Clause ... Constitution. It reads that Congress has the legislative power “to make all Laws which shall be necessary and ...
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constitutional clauses
Necessary and Proper Clause Search and Seizure Clause Takings Clause Grand Juries Clause Supremacy Clause ... The U.S. Constitution (including its Amendments) is made up of hundreds of clauses. Some of the ... clauses are more important than others; the scope, meaning, and effect of which are the subject of ...
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attestation clause
actual situation, or that the witnesses did not read the clause before signing, the presumption of proper ... An attestation clause is a provision at the end of an instrument, especially a will, that is ... attestation clause itself can serve as prima facie evidence of the facts within the instrument. An attestator ...
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enumerated powers
oftentimes referred to as Commerce Clause (Clause 3), Necessary and Proper clause (Clause 8), General Welfare ... stated in the Constitution but may be inferred from the Necessary and Proper clause (Clause 8). This ... provision gives Congress the right "to make all laws which shall be necessary and proper for carrying ...
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investigatory power
proper clause allows Congress to investigate pursuant to its legislative power. Under Article I, Section ... Even though Congress lacks express constitutional power to conduct investigations, the necessary and ... 8 of the Constitution, Congress has the power "to make all laws which shall be necessary and ...
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McCulloch v. Maryland (1819)
Necessary and Proper Clause of the Constitution (Article I, § 8) enabled Congress to pass all laws to ... Necessary and Proper Clause. Additionally, the Supremacy Clause in the Constitution makes federal laws ...
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admiralty and maritime power
Supreme Court determined that the Necessary and Proper Clause grants to Congress complete and plenary ...
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National Federation of Independent Business v. Sebelius (2012)
Commerce Clause. The Court applied similarly reasoning to the Government’s argument that the Necessary and ... Proper Clause imbues the individual mandate with constitutionality. Rather, the Court held that based on ... the ACA, especially when there is no Commerce Clause to support the means by which a ‘necessary and ...
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National Federation of Independent Business, et al. v. Sebelius, Secretary of Health and Human Services, et al. (2012)
Commerce Clause. The Court applied similarly reasoning to the Government’s argument that the Necessary and ... Proper Clause imbues the individual mandate with constitutionality. Rather, the Court held that based on ... the ACA, especially when there is no Commerce Clause to support the means by which a ‘necessary and ...
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Income Tax
and Taxing power in conjunction with the Necessary and Proper Clause. Additionally, the Supremacy ... Article 1, Section 8, Clause 1 (Also known as the Taxing and Spending Clause) sates: “The Congress shall ... Clause in the Constitution makes federal laws supreme to state laws, and thus prohibits states from ...