Powers of Congress Chapter 11.

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Presentation transcript:

Powers of Congress Chapter 11

Section 3 Implied Powers

Implied Powers The Necessary and Proper Clause Article 1, Section 8, Clause 18 “Congress shall have the power 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.” Often called the Elastic Clause

The Debate Strict v. Liberal Construction Jefferson: Only those powers absolutely necessary to carrying out the expressed powers. Hamilton: Anything that was reasonably related to the exercise of the expressed powers. Washington, Hamilton, and the National Bank Taxing, Borrowing, Currency, and The Commerce Power McCullough v. Maryland

Decision of Justice John Marshall “Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional.” McCulloch v. Maryland, Opinion of the Court

The Doctrine in Practice The ways the Necessary and Proper Clause has been interpreted has enabled the National Government to meet the needs of changing times. Any implied power must be based on at least one of the expressed powers. The commerce power The buying and selling of goods and the transportation of people and commodities. The power to tax and spend Congress has a great deal of leeway when determining how tax revenues will be spent. The war powers Congress is responsible for protecting and securing the nation and can take any measures to do so that don’t violate the Constitution.