The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause. This clause is a loophole big enough to drive a Hummer through, which is probably why the Framers put it in the Constitution in the first place.
Not really. Of course given the state of our jurisprudence at this late date in the Republic, I’m not much surprised at any crap the courts manage to let through.