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Simple English definitions for legal terms
Sweeping Clause
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A quick definition of Sweeping Clause:
A sweeping clause, also known as the Necessary and Proper Clause, is a part of the U.S. Constitution that allows Congress to create laws that are necessary and appropriate for carrying out its powers. This means that Congress can make laws that help them do their job, even if those laws are not specifically listed in the Constitution. The Supreme Court has interpreted this clause to give Congress a lot of power to make laws that are related to their duties.
A more thorough explanation:
The Sweeping Clause is also known as the Necessary and Proper Clause. It is a clause in the U.S. Constitution that allows Congress to make laws that are "necessary and proper" for carrying out its powers.
The Necessary and Proper Clause is a part of the U.S. Constitution that gives Congress the power to create laws that are necessary and proper for carrying out its duties. This clause is found in Article I, Section 8, Clause 18 of the Constitution.
For example, if Congress has the power to regulate commerce between states, it can create laws that are necessary and proper for carrying out that power, such as laws that regulate the transportation of goods across state lines.
The Supreme Court has interpreted this clause broadly, allowing Congress to create laws that are reasonably designed to achieve an express constitutional power. This means that Congress has the power to create laws that are not explicitly stated in the Constitution, but are necessary and proper for carrying out its duties.
One example of this is the creation of the Federal Reserve System, which was created by Congress to regulate the nation's monetary system.