What landmark Supreme Court decision held that the Necessary and Proper Clause?

[The Congress shall have 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.

Building on the foundation established by McCulloch, modern Necessary and Proper Clause doctrine holds that the Clause permits any federal legislation that is “convenient” or “useful” to the exercise of federal power—that is, any “means that is rationally related to the implementation of a constitutionally enumerated power.” Footnote
United States v. Comstock, 560 U.S. 126, 134 (2010). The significance of this broad understanding of McCulloch on the powers of the federal government is difficult to overstate. Footnote
See, e.g., David S. Schwartz, Misreading McCulloch v. Maryland, 18 U. Pa. J. Const. L. 1, 3 (2015) (describing universal view of McCulloch as “a decision of the highest importance in American constitutional law” ); Daniel A. Farber, The Story of McCulloch: Banking on National Power, 20 Const. Comment. 679 (2004) ( “Many scholars consider [McCulloch] the single most important opinion in the Court's history.” ); Jack M. Balkin & Sanford Levinson, The Canons of Constitutional Law, 111 Harv. L. Rev. 963, 987 (1998) ( “At least within the field of constitutional law, almost everyone seems to agree that McCulloch is canonical.” ). Much federal law rests on the foundation established by McCulloch, and practically every power of the federal government has been expanded in some degree by the Necessary and Proper Clause. Footnote
See, e.g., Kurt T. Lash, The Original Meaning of an Omission: The Tenth Amendment, Popular Sovereignty, and “Expressly” Delegated Power, 83 Notre Dame L. Rev. 1889, 1942 (2008) ( “[In McCulloch, Chief Justice Marshall] articulated a vision of federal power not only expansive for its day, but expansive enough to become the foundational theory of the modern administrative state.” ); Felix Frankfurter, John Marshall and the Judicial Function, 69 Harv. L. Rev. 217, 219 (1955) ( “One can, I believe, say with assurance that a failure to conceive the Constitution as Marshall conceived it in [McCulloch], to draw from it the national powers which have since been exercised and to exact deference to such powers from the states, would have been reflected by a very different United States than history knows.” ); see also supra note 2 (sources discussing the influence and importance of McCulloch). Under the authority granted it by the Clause, Congress has adopted measures required to comply with treaty obligations, Footnote
Missouri v. Holland, 252 U.S. 416, 432 (1920) (holding that congressional statutes to implement a treaty are valid under the Necessary and Proper Clause so long as the treaty is valid); Neely v. Henkel, 180 U.S. 109, 121 (1901) (observing that the Necessary and Proper Clause empowers Congress to “enact such legislation as is appropriate to give efficacy” to a treaty with a foreign power). organized the federal judicial system, Footnote
Jinks v. Richland Cty., 538 U.S. 456, 461–64 (2003) (holding that federal courts may exercise supplemental jurisdiction, including tolling of state statutes of limitation, pursuant to Article III and the Necessary and Proper Clause); Willy v. Coastal Corp., 503 U.S. 131, 136–37 (1992) (holding that federal courts may impose sanctions on litigants pursuant to Article III and the Necessary and Proper Clause, even if it is later determined that the court lacked subject matter jurisdiction); Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 32 (1988) (holding that the federal transfer statute is “comfortably with Congress'[s] powers under Article III as augmented by the Necessary and Proper Clause” ); Burlington N. R.R. v. Woods, 480 U.S. 1, 5 n.3 (1987) ( “Article III of the Constitution, augmented by the Necessary and Proper Clause of Article I, § 8, cl. 18, empowers Congress to establish a system of federal district and appellate courts and, impliedly, to establish procedural Rules governing litigation in these courts.” ); see also Artis v. District of Columbia, No. 16-460, slip op. at 16–18 (2018) (reaffirming Jinks). regulated intrastate matters that substantially affect interstate commerce, Footnote
See, e.g., Gonzales v. Raich, 545 U.S. 1, 17–22 (2005) (holding that Congress had authority to criminalize intrastate possession of marijuana under the Commerce and Necessary and Proper Clauses); see generally supra ArtI.S8.C3.1.1 Foreign Commerce Power through ArtI.S8.C3.1.4.2.1 State Taxation and the Dormant Commerce Clause. seized property pursuant to its taxing powers, Footnote
Murray's Lessee v. Hoboken Land & Improvement Co., 59 U.S. (18 How.) 272, 281 (1856) ( “The power to collect and disburse revenue, and to make all laws which shall be necessary and proper for carrying that power into effect, includes all known and appropriate means of effectually collecting and disbursing that revenue, unless some such means should be forbidden in some other part of the constitution.” ). and exercised the power of eminent domain to acquire private property for public use. Footnote
Kohl v. United States, 91 U.S. 367, 372–73 (1876) ( “[T]he right of eminent domain exists in the Federal government . . . so far as is necessary to the enjoyment of the powers conferred upon it by the Constitution.” ).

Where is the Necessary and Proper Clause found in the Constitution?

Article I, Section 8, Clause 18: [The Congress shall have 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.

How has the Necessary and Proper Clause been used?

The first Supreme Court case against the clause was in 1819 when Maryland objected to Alexander Hamilton's formation of a National Bank. The Necessary and Proper clause has been used in cases about many things, including challenges about Obamacare, legalizing marijuana, and collective bargaining.

What was the decision in McCulloch v. Maryland?

The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government. Marshall ruled in favor of the Federal Government and concluded, “the power to tax involves the power to destroy."

What is the Necessary and Proper Clause also known as?

The Necessary and Proper Clause, also known as the Elastic Clause, is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power...