United States Government Chapter 11, Sections 3 - 5

 There are things left specifically to Congress (like the declaration of war)  Those expressed powers can be found in Article 1, Section 8, Clauses 1 – 17  However, Art. 1, Cl. 8, sec. 18… (The Elastic Clause) allows for implied powers

 To Create Post Offices and Post Roads  To set the standards & process for Citizenship (known as naturalization)  To create a system of patents and copyrights o Patents for invention/technology o Copyrights for artistic/musical/literary works

 To set a standard of weights and measures for the nation o English system o Metric System  To claim/obtain land for government/ public usage o known as eminent domain o Interstate Highway system claimed land o National Parks claim land

 To govern territories of the United States o Includes: Washington DC, USVI, Guam, American Samoa, Puerto Rico, and the Commonwealth of the Northern Marianas Islands  To establish courts below the Supreme Court o Constitutional courts – including U.S. district and courts of appeal o Special courts – such as the U.S. Tax Court

 But not withheld from Congress, either…  IMPLIED POWERS are based upon the Necessary & Proper, or “Elastic Clause” (Art. 1, Sec. 8, Cl. 18)  Give Congress the power to create any law “necessary & proper” to the execution of the expressed powers

 Used to create the Bank of the United States o “necessary & proper” to create a national bank based in Congress’ power to:  Lay & collect taxes  Borrow money  Coin money & regulate its value o Opposed by Strict Constructionists o Supported by Loose (Liberal) Constructionists

 McCulloch v. Maryland (1819) o Supreme Court upholds Congress’ creation of the B.U.S. o Also upheld Congress’ use of implied powers through the “Elastic Clause” o Used the “Supremacy Clause” to strike down state laws in opposition to the B.U.S.

 Also, implied powers are the “reaction to the action.” Example: (Expressed Power) Congress shall print and coin money; (Implied Power) Congress shall create a law enforcement agency to investigate and arrest those who print counterfeit money (The US Secret Service)

 The creation of additional ABCD’s in the Federal Government (Agencies, Administrations, Boards, Bureaus, Commissions, Departments, Divisions) They are not specifically stated, but these entities are “necessary and proper” for the functioning of the government.

 Proposing Constitutional Amendments  Deciding Presidential Elections if necessary  Approving Vice Presidents in the event of a vacancy (per Amdt. 25)  Impeachment and possible removal of Executive and Judicial Officeholders  Investigative powers/Congressional oversight

 Approval of Executive and Judicial Appointments  Ratification of Treaties