necessary and proper
Defined in 2 dictionaries — Case Law, Bouvier (1839)
Definitions from Case Law
From 76 U.S. 579 - Thomson v. Pacific Railroad · 1869Most cited · 180 citing opinions
the words 'necessary and proper' as equivalent in meaning to the words 'appropriate, plainly adapted, not prohibited, but consistent with the letter and spirit of the Constitution
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
The constitution of the United - States, art. 1, s. 8, vests in congress 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.” This power has ever been viewed with perhaps unfounded jealousy and distrust. It is a power expressly given, which, without this clause, would be implied. The plain import of the clause is, that congress shall have all incidental and instrumental powers, necessary and proper to carry into execution all the express powers. It neither enlarges any power specifically granted, nor is it a grant of any new power to congress. It is merely a declaration for the removal of all uncertainty, that the means of carrying into execution those already granted, are 18 to be considered “ necessary:” it has been contended that by this must be understood what is indispensable; but it is obvious the term necessary means no more than useful, needful, requisite, incidental, or conducive to. It is m this sense the word appears to have been used, when connected with the word “ proper.” 4 Wheat. 419-420; 3 Story, Const. § 1231 to 1253. NECESSARY INTROMIS-