Necessary and Proper Clause

This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.

Writing Template

Issue

I: The issue is whether the exercise of Congress’s power granted by the Necessary and Proper Clause in the legislation is constitutionally valid.

Analysis

R: The Necessary and Proper Clause grants Congress the power to make all laws “necessary and proper for carrying into execution” its enumerated powers and those vested in any other branch of the federal government. Necessary has been interpreted to mean anything that is appropriate and plainly adapted to achieving a legitimate constitutional end. This means Congress may enact legislation that is merely convenient or useful to executing its powers; the legislation does not have to be indispensable.

Treaty Expansion

R: In Missouri v. Holland, the Supreme Court held that Congress can enact laws to implement treaties, even if the subject matter of those laws would otherwise fall outside Congress’s enumerated powers, provided the legislation is rationally related to the treaty’s objectives. This even allows Congress to regulate domestic issues that may ordinarily be reserved for the states, so long as the regulation serves the purpose of fulfilling a valid treaty.

A: Here, [apply the general rules, and the treaty rules if they relevant, to facts].

Conclusion

C: Therefore, the exercise of Congress’s power granted by the Necessary and Proper Clause in the legislation [is/is not] constitutionally valid.

Notes

JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.

The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.

The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.

The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.

Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.

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