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

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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.