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The so-called elastic clause of Article I, Section 8, of the Constitution provides that Congress can "make all Laws which shall be...necessary and proper for carrying into Execution" the foregoing enumerated powers.supreme over the laws of the several States."necessary to enact the enumerated powers, the propriety of said laws shall be determined by the several States."necessary so long as they are based on the common law of England or of the Colonies."

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