CHAPTER 11.2 The Implied Powers of Congress

The Necessary and Proper Clause *The constitutional basis for the implied powers is found in one of the expressed powers: “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…” Also known as the Elastic Clause because it has been stretched so far and made to cover so much throughout the years;

1790 – first “Necessary and Proper” case – Hamilton wanted to establish a national bank; opponents said Constitution does not give power to establish such a bank; Liberalists argued that the bank was related to taxing, borrowing and currency (explicit powers); Congress established the Bank of the United States

McCulloch v. Maryland, – Second Bank of the U.S. established by Congress; Maryland attempted to tax the bank; Md. Said bank was unconstitutional; U.S. said Congress used implied powers and argued no state can tax the federal govt.; U.S. Supreme Court said: the constitution need not expressly empower Congress to create a bannk – it was “necessary and proper”

Non-legislative Powers Constitutional Amendments Electoral Duties – 12 th Amendment – elect a president if no one receives a majority of electoral votes; Impeachment Appointments – Cabinet members; Treaties – president makes treaties, Senate must approve by 2/3s vote