And because the definition of necessary and proper is so subjective, the implied powers that derive from the Necessary and Proper Clause have often been extremely controversial and subject to ferocious political disagreement. And this has been the case since at least George Washington's presidency, if not even before. 1  The Elastic Clause of the Constitution grants Congress power to pass unspecified laws necessary and proper for the exercise of its expressed powers. 2  Implied powers have often been controversial.