The Implied Powers of Congress. Article I, Sec 8, clause 18 The Necessary and Proper Clause –T–The Congress shall have Power – To make all Laws which.

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Presentation transcript:

The Implied Powers of Congress

Article I, Sec 8, clause 18 The Necessary and Proper Clause –T–The Congress shall have 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.

Also known as the Elastic Clause –C–Congress can stretch the powers expressly written in the Constitution in order to include duties that are necessary and proper for the needs of the Country

Two Viewpoints of Implied Powers 1.Strict Constructionalist: “The government is best, which governs least” ~T. Jefferson Use the Necessary and Proper Clause Sparingly; only for those laws that are ABSOLUTELY NECESSARY to carry out the expressed powers.

Two Viewpoints of Implied Powers 1.Liberal Constructionalist: Believes in a broad construction of the powers given to Congress, and it should freely use the Necessary and Proper Clause- More government involvement is better (i.e.- EPA, FDA, FCC, etc)

Constitutionality of Implied Powers McCulloch v MD (1819) >The state of MD sued the 2 nd Bank of the United States (created by Congress, despite no expressed power allowing them to do so). The Supreme Court ruled against MD, saying that the creation of a national bank was “necessary & proper” to carry out the expressed tax, borrowing, currency, & commerce powers. This liberal interpretation of the necessary & proper clause has allowed Congress to “stretch” its’ powers ever since.

The expressed power to raise armies and a navy Implies the power to draft Americans into the military The expressed power to regulate commerce Implies the power to: Establish a minimum wage Ban discrimination in workplaces and public facilities Pass laws protecting the disabled Regulate banking The expressed power to establish post offices Implies the power to: Prohibit mail fraud and obstruction of the mails Bar the shipping of certain items through the mail Some Implied Powers

The expressed power to lay and collect taxes Implies the power to: Punish tax evaders Regulate (license) some commodities (such as alcohol) and outlaw the use of others (such as narcotics) Require States to meet certain conditions to qualify for federal funding The expressed power to borrow money Implies the power to establish the Federal Reserve Systems of banks The expressed power to create naturalization law Implies the power to regulate and limit immigration Some Implied Powers