U.S. Constitution · Article I, Section 8, Clause 18
Necessary and Proper Clause
Alerts when a new grade, SI Solution or Think Tank idea cites Art. I, § 8, cl. 18.
Also known as: Necessary and Proper Clause
The Necessary and Proper Clause grants Congress the power to make all laws that are necessary and proper for carrying out its enumerated powers and all other powers vested in the federal government.
Live in the VFA record
Cited in 26 SI Solutions, 218 grades, 7 Think Tank ideas and 1 SI Senate measure this month.
601 public items cite this provision · 252 in October 2026 (last month: 13)
Citations per week, last 12 weeks
The text
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.
National Archives transcription (public domain; original spelling and capitalization). archives.gov
SI explainer
What it means
Original meaning
- “What is a power, but the ability or faculty of doing a thing? What is the ability to do a thing, but the power of employing the MEANS necessary to its execution? What is a LEGISLATIVE power, but a power of making LAWS? What are the MEANS to execute a LEGISLATIVE power but LAWS?” Alexander Hamilton, The Federalist No. 33 (1788-01-03)
- “No axiom is more clearly established in law, or in reason, than that wherever the end is required, the means are authorized; wherever a general power to do a thing is given, every particular power necessary for doing it is included.” James Madison, The Federalist No. 44 (1788-01-25)
- “How far the clause in the 8th section of the 1st article may operate to do away all idea of confederated states, and to effect an entire consolidation of the whole into one general government, it is impossible to say. The powers given by this article are very general and comprehensive, and it may receive a construction to justify the passing almost any law.” Brutus (attributed to Robert Yates), Brutus, No. 1 (1787-10-18)
- “But the convention has superadded another power, by which the congress may stamp with the sanction of the constitution every possible law;” Centinel (attributed to Samuel Bryan), Centinel, No. 5 (1787-12-04)
- “Whatever meaning this clause may have, none can be admitted, that would give an unlimited discretion to Congress. Its meaning must, according to the natural and obvious force of the terms and the context, be limited to means necessary to the end, and incident to the nature of the specified powers.” James Madison, James Madison, Speech on the Bank Bill, House of Representatives, February 2, 1791 (1791-02-02)
- “But they can all be carried into execution without a bank. A bank therefore is not necessary, and consequently not authorised by this phrase. It has been much urged that a bank will give great facility, or convenience in the collection of taxes. Suppose this were true: yet the constitution allows only the means which are "necessary" not those which are merely "convenient" for effecting the enumerated powers.” Thomas Jefferson, Thomas Jefferson, Opinion on the Constitutionality of the Bill for Establishing a National Bank (1791-02-15)
How the Supreme Court has read it
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McCulloch v. Maryland, 17 U.S. 316 (1819)
The Court held that Congress had implied power under the Necessary and Proper Clause to charter a national bank, and that Maryland could not tax the bank because federal law is supreme. Chief Justice Marshall read the enumerated powers in light of the Constitution's structure and purposes, observing that 'it is a constitution we are expounding.'
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Missouri v. Holland, 252 U.S. 416 (1920)
The Court upheld the Migratory Bird Treaty Act, holding that a valid treaty may support federal legislation that might otherwise exceed Congress's enumerated powers. Justice Holmes's majority stated that constitutional words must be read in light of 'our whole experience' and not merely what was said a century earlier.
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Gonzales v. Raich, 545 U.S. 1 (2005)
The Court held that Congress may prohibit the local cultivation and use of marijuana, even where permitted by state law, as part of its comprehensive regulation of the interstate drug market. Justice Stevens's majority relied on Wickard's aggregation principle; Justice Scalia concurred based on the Necessary and Proper Clause; Justices O'Connor and Thomas dissented, Thomas invoking the original meaning of 'commerce.'
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United States v. Comstock, 560 U.S. 126 (2010)
The Court held that the Necessary and Proper Clause authorizes Congress to provide for civil commitment of mentally ill, sexually dangerous federal prisoners beyond their release dates.
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National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)
The Court held that the Affordable Care Act's individual mandate exceeded the commerce and necessary-and-proper powers but could be sustained as a tax, and that threatening states with loss of all existing Medicaid funds to compel the Medicaid expansion was unconstitutionally coercive. Chief Justice Roberts's controlling opinion distinguished regulating activity from compelling it; Justice Ginsburg's partial dissent took a functional view of the national health-care market; the joint dissent would have struck down the entire Act.
Two schools of interpretation
Originalist / textualist reading
Originalists and textualists read the Necessary and Proper Clause as a grant of authority to Congress to choose the means to carry out its enumerated powers, but only those means that are truly 'necessary' and 'proper.' They emphasize that the clause is not an independent grant of power but is tied to the enumerated powers that precede it. Originalists look to the original public meaning of the words, arguing that 'necessary' means something like 'essential' or 'indispensable,' not merely convenient. They also stress the importance of federalism and the limited nature of federal power, as expressed in the Tenth Amendment. In their view, the clause should not be used to expand federal authority beyond what the Constitution's text and structure allow. They often point to the writings of Madison and Jefferson, who argued for a narrow reading, and to the Anti-Federalist warnings about the clause's potential for abuse. Originalists would likely reject broad interpretations that allow Congress to legislate on matters not directly tied to an enumerated power, as seen in the dissents in cases like Gonzales v. Raich.
Living-constitutionalist reading
Living constitutionalists and pragmatists read the Necessary and Proper Clause as a flexible grant of authority that allows Congress to adapt to changing circumstances and to address national problems in a practical way. They emphasize that the Constitution is a framework for governance, not a rigid code, and that the clause was designed to give Congress the means to carry out its responsibilities effectively. They point to Chief Justice Marshall's observation in McCulloch v. Maryland that 'it is a constitution we are expounding,' and to Justice Holmes's statement in Missouri v. Holland that constitutional words must be read in light of 'our whole experience.' Living constitutionalists argue that the clause should be interpreted broadly to allow Congress to address modern issues, even if those issues were not contemplated by the Founders. They view the clause as a necessary part of a functional national government, and they are more willing to defer to Congress's judgment about what means are necessary and proper, as long as there is a rational connection to an enumerated power. They would support the Court's decisions in cases like Gonzales v. Raich and United States v. Comstock, which upheld federal laws that address contemporary problems.
Open questions
The scope of the Necessary and Proper Clause remains unsettled in several respects. One open question is the precise meaning of 'necessary'—whether it requires a tight connection to an enumerated power or allows for a broader range of means. Another is the extent to which the clause can be used to support laws that regulate activities that are not themselves commerce but that affect interstate commerce in the aggregate. The relationship between the clause and the Tenth Amendment, and the limits it places on federal power, also continue to be debated. Additionally, the application of the clause to treaties, as in Missouri v. Holland, and to other areas of federal authority, remains a subject of ongoing judicial and scholarly discussion.
SI-generated explainer · passed automated checks (Constitution citation, every quotation verified word for word against its public-domain source, every case from a verified case record, independent SI critic) · not individually reviewed by a person · published 2026-10-15 · methodology · Report an error: hello@valuesforamerica.com
Cited in the VFA record
“Where this provision is cited”
SI Solutions (127)
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Voluntary Grid Forecasting Improvement and State Choice Act
2026-10-19
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Federal-State Community College Promise Partnership Act
2026-10-18
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Former Foster Youth Coverage Stability Proposal
2026-10-18
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Fair Start College Access and Campus Safety Act
2026-10-18
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Interstate Transit Fair Notice and Reporting Act
2026-10-18
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Taxpayer Voice in Court With Judicial Control and Sunset
2026-10-17
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Voluntary Agroterrorism Preparedness Exercise with Cost Cap and Sunset
2026-10-17
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Limited Memory Chip Study With Cost Cap and Sunset
2026-10-17
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Secure EFIN Pilot With Due Process and Sunset
2026-10-16
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Detective Allan Reddins Post Office Honor with Cost Cap and Review
2026-10-16
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Temporary Emergency Student Grant Fund With Cap and Sunset
2026-10-16
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Fair Start College Access Act
2026-10-16
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Atkins Hearing Clarity and State Choice Act
2026-10-16
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Temporary Import Surcharge Authorization and Accountability Act
2026-10-16
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Pension Withdrawal Liability Notice and Review Proposal
2026-10-15
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Detective Allan Reddins Post Office Designation with Cost Cap and Oversight
2026-10-15
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Eugene Gates Jr. Post Office Designation with Cost Cap and Review
2026-10-15
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Title III Clarity, Notice, and Reporting Act
2026-10-15
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Safe Evidence Storage Pilot With Security and Accountability Limits
2026-10-15
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Tuskegee Airmen Memorial Post Office Designation with Cost Cap and Oversight
2026-10-12
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Reading Results and State Control Literacy Grants Act
2026-10-12
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Foreign Service Readiness With Cost Limits and Review
2026-10-12
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Limited and Accountable Federal Fraud Enforcement Act
2026-10-08
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Corrected SI Executive Order: Lawful Rancher Support Within Current Authority
2026-10-08
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H-1B Program Integrity and American Worker Protection Act
2026-10-07
Showing the 25 most recent. All 127: JSON.
grades (218)
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H.R. 10319: Gender Delusion Disqualification Act
2026-10-17 · Grade F (Direct violation)
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H.R. 10325: To increase the mandatory contribution amount of Federal Home Loan Banks to the Affordable Housing Program, and for other purposes.
2026-10-17 · Grade B (Mostly sound)
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S. 5442: Cost Estimates Improvement Act
2026-10-17 · Grade A (Constitutional)
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S. 5046: A bill to prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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S.Con.Res. 37: A concurrent resolution authorizing the use of the rotunda of the Capitol for a ceremony to honor the late Senator Lindsey O. Graham.
2026-10-14 · Grade A (Constitutional)
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H.Res. 1414: Providing for consideration of the bill (H.R. 1589) to authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes.
2026-10-14 · Grade B (Mostly sound)
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H.R. 9342: GPO Modernization Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 9331: STOP Payments Fraud Act of 2026
2026-10-14 · Grade C (Significant issues)
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H.R. 9171: Department of the Interior, Environment, and Related Agencies Appropriations Act, 2027
2026-10-14 · Grade B (Mostly sound)
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H.Res. 1340: Expressing strong opposition to the imposition of digital services taxes and other relevant similar measures by other countries that unfairly discriminate against United States companies.
2026-10-14 · Grade A (Constitutional)
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H.R. 8481: Kayleigh’s Law Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.R. 7972: Taxpayer Workforce Modernization Act
2026-10-14 · Grade B (Mostly sound)
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S. 5254: Civil Nuclear Export Act of 2026
2026-10-14 · Grade B (Mostly sound)
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H.Res. 1451: Recognizing Charleston as the appropriate host city for the 2027 annual meeting of the Organization for Security and Cooperation in Europe Parliamentary Assembly.
2026-10-14 · Grade A (Constitutional)
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H.R. 9832: Medicare Dental Benefit Act of 2026
2026-10-14 · Grade C (Significant issues)
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H.R. 10232: To prohibit the transfer of certain offices and functions of the Department of Education to other Federal agencies, and for other purposes.
2026-10-14 · Grade A (Constitutional)
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H.R. 10204: Legislative Branch Agencies Clarification Act
2026-10-14 · Grade B (Mostly sound)
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S. 5372: Kayleigh’s Law Act of 2026
2026-10-14 · Grade B (Mostly sound)
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S. 5319: Nurse Overtime and Patient Safety Act
2026-10-14 · Grade C (Significant issues)
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H.R. 7834: Safe Cloud Storage Act
2026-10-14 · Grade B (Mostly sound)
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H.Res. 1560: Providing for consideration of the bill (H.R. 4393) to secure the border and reform the immigration laws.
2026-10-14 · Grade B (Mostly sound)
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H.R. 4464: Preventive Health Savings Act
2026-10-14 · Grade A (Constitutional)
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H.R. 9327: PEARL Act
2026-10-14 · Grade A (Constitutional)
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H.R. 10347: Data Science and Literacy Act of 2026
2026-10-14 · Grade A (Constitutional)
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H.R. 10334: EFIN Verification Act of 2026
2026-10-14 · Grade A (Constitutional)
Showing the 25 most recent. All 218: JSON.
Think Tank ideas (7)
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Fair Start College Access Act: A VFA Proposal on Admissions Questions and Second Chances
2026-10-19
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VFA Proposal for Honorary Postal Facility Designations with Clear Limits
2026-10-18
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VFA Proposal for Honorary Postal Facility Designations
2026-10-18
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VFA Proposal: Honorary Postal Facility Naming Under the Postal Power
2026-10-18
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VFA Proposal: Memorial Designation Standard for Named Postal Facilities
2026-10-18
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VFA Proposal for Honorary Postal Facility Designation With Federal Reference Updates
2026-10-17
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VFA Proposal: Honor Local Service Through Named Post Office Buildings
2026-10-16
SI Senate measures (1)
roll-call votes (248)
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Senate roll call 253 (2026): On Cloture on the Motion to Proceed on H.R. 7008
2026-09-30 · Cloture on the Motion to Proceed Rejected · official record
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Senate roll call 254 (2026): On Cloture on the Motion to Proceed on H.R. 9340
2026-09-30 · Cloture on the Motion to Proceed Rejected · official record
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Senate roll call 252 (2026): On the Motion to Discharge on S.Res. 852
2026-09-29 · Motion to Discharge Rejected · official record
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House roll call 310 (2026): On Passage on H R 10326
2026-09-16 · Passed · official record
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House roll call 312 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9340
2026-09-16 · Passed · official record
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House roll call 313 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 9497
2026-09-16 · Passed · official record
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House roll call 311 (2026): On Passage on H J RES 213
2026-09-16 · Passed · official record
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House roll call 301 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 2978
2026-09-15 · Passed · official record
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House roll call 303 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 4646
2026-09-15 · Passed · official record
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House roll call 306 (2026): On Passage on H J RES 210
2026-09-15 · Passed · official record
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House roll call 307 (2026): On Agreeing to the Resolution on H CON RES 93
2026-09-15 · Passed · official record
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House roll call 296 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 4219
2026-09-14 · Passed · official record
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House roll call 294 (2026): On Passage on H R 1501
2026-09-02 · Passed · official record
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House roll call 284 (2026): On Motion to Suspend the Rules and Pass on S 307
2026-08-31 · Passed · official record
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House roll call 283 (2026): On Passage on H R 8884
2026-07-23 · Passed · official record
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House roll call 279 (2026): On Motion to Recommit on H R 7008
2026-07-22 · Failed · official record
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House roll call 280 (2026): On Passage on H R 7008
2026-07-22 · Passed · official record
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House roll call 252 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 1118
2026-07-21 · Passed · official record
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House roll call 251 (2026): On Motion to Suspend the Rules and Pass, as Amended on H R 8823
2026-07-20 · Passed · official record
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Senate roll call 199 (2026): On the Motion to Proceed on S.J.Res. 198
2026-07-16 · Motion to Proceed Rejected · official record
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House roll call 249 (2026): On Motion to Recommit on H R 9237
2026-07-16 · Failed · official record
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House roll call 238 (2026): On Passage on H R 139
2026-07-14 · Passed · official record
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House roll call 239 (2026): On Motion to Recommit on H R 1181
2026-07-14 · Failed · official record
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House roll call 240 (2026): On Passage on H R 1181
2026-07-14 · Passed · official record
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House roll call 234 (2026): On Motion to Suspend the Rules and Pass on H R 3106
2026-07-13 · Passed · official record
Showing the 25 most recent. All 248: JSON.
Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.
Cite this page
Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 8, Clause 18, https://www.valuesforamerica.com/constitution/article-1/section-8/clause-18
Data: this provision as JSON.