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Understanding Congress's Expanded Authority: Implied Powers & Necessary and Proper Clause, Exams of Local Government Studies

The concept of Implied Powers, derived from the Necessary and Proper Clause of the US Constitution. The clause grants Congress the power to make laws necessary and proper for executing expressed powers. the debate between Hamilton and Jefferson over the meaning of this clause and how it has allowed Congress to enforce labor and civil rights laws using the commerce clause. The document also highlights the Supreme Court case of McCulloch v Maryland, which strengthened the notion of implied powers. Chief Justice John Marshall's decisions generally favored a stronger national government.

What you will learn

  • What is the significance of the McCulloch v Maryland case in the context of Implied Powers?
  • How have Hamilton and Jefferson differed in their interpretations of the Necessary and Proper Clause?
  • What is the Necessary and Proper Clause and how does it relate to Implied Powers?

Typology: Exams

2021/2022

Uploaded on 09/12/2022

edmond
edmond 🇺🇸

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The
Implied
Powers
The
Implied
Powers
POWERS NOT
EXPRESSED IN THE
CONSTITUTION BUT
DERIVE “LOGICALLY”
FROM THE
DELEGATED POWERS.
pf3
pf4
pf5

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The

Implied

Powers

The

Implied

Powers

POWERS NOT

EXPRESSED IN THE

CONSTITUTION BUT

DERIVE “LOGICALLY”

FROM THE

DELEGATED POWERS.

The Necessary and Proper Clause

The Necessary and Proper Clause Ø

THIS CLAUSE IS THE SOURCE OFCONGRESSIONAL IMPLIED POWERS.

Ø

THE CLAUSE STATES THAT CONGRESS HASTHE POWER “TO MAKE ALL LAWS WHICHSHALL BE NECESSARY AND PROPER FORCARRYING INTO EXECUTION OFTHE…EXPRESSED POWERS.”

Ø

THIS IS SOMETIMES CALLED THE “ELASTICCLAUSE” BECAUSE IT HAS ALLOWEDCONGRESS TO STRETCH ITS POWERS.

This shows how the liberal construction can allow Congress toenforce labor and civil rights laws using the commerce clause! This shows how the liberal construction can allow Congress toenforce labor and civil rights laws using the commerce clause!

McCulloch vMaryland, 1819 McCulloch vMaryland, 1819

Ø

THE SUPREME COURTBACKED HAMILTON’SVIEWS ANDSTRENGTHENED THENOTION THAT IMPLIEDPOWERS WERENECESSARY TOCONDUCT GOVERNMENTFOR THE BENEFIT OFTHE PEOPLE

Chief Justice John Marshall’sdecisions usually favored astronger national government.