Though the Constitution does not explicitly grant the federal government power to establish and prosecute crimes occurring within the states, over time Congress has created a large body of federal criminal law to prosecute crimes that occur in more than one state, such as the Federal Kidnapping Act. The power of Congress to enact such statutes comes from the implied powers granted by which clause in the Constitution?

Question

Quizplus · Accepted Answer

The necessary and proper clause, also known as the elastic clause, grants Congress the authority to make any laws that are necessary and proper for carrying out its other powers and responsibilities under the Constitution. This includes the power to create federal criminal statutes that apply across multiple states, even though the Constitution does not explicitly enumerate this power.

Though the Constitution Does Not Explicitly Grant the Federal Government