← Legal Glossary
Necessary and Proper Clause
Definition
A constitutional provision (Article I, Section 8, Clause 18) that gives Congress the power to enact laws that are necessary and proper to carry out its other enumerated powers. In this case, it is invoked as a basis for Congress to enforce Spending Clause conditions against individuals who are not direct recipients of federal funds.
Examples
- •In Salinas, the Court upheld criminal liability for a prison official under the Necessary and Proper Clause combined with spending power, even though no federal funds were directly at issue.