1. Chapter 11 Section 3 Objective: To understand the concepts of the implied powers.

2. A. The Necessary and Proper Clause 1. Article I, Section 8, Clause 18 – this clause is the source of Congressional implied powers. 2. The clause states that Congress has the power “to make all the laws which shall be necessary and proper for carrying into execution the foregoing (expressed) powers.”

3. 3. The clause has been called the “elastic clause” because it has allowed Congress to stttttrrrrrrrreeeeeeeettttttttccccchhhhh its powers.

4. B. The Battle over Implied Powers 1. The battle over the meaning of the clause caused a conflict between Hamilton and Jefferson (Liberal v. Strict Constructionists). 2. McCullough v. Maryland, 1819 – The Supreme Court backed Hamilton’s views and strengthened the notion that implied powers were necessary to conduct government for the benefit of the people.

5. 3. The doctrine in practice today – Today “necessary and proper” is generally interpreted as “convenient and useful” as long as the implied powers have their basis in the expressed powers. How does this impact the Patriot Act????