1. Powers of Congress
Chapter 11

2. Section 3
Implied Powers

3. 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

4. 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

5. 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

6. 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.