Eleanor Finch
The United States Constitution grants Congress certain implied powers that are not explicitly defined but are necessary to execute the powers that are defined. These implied powers are derived from the Taxing and Spending Clause, the Necessary and Proper Clause, and the Commerce Clause. The Necessary and Proper Clause, in particular, has been interpreted as an extension of the other powers vested in the Federal Government, allowing Congress to use all appropriate means required to carry out its duties. The scope of Congress's implied powers was affirmed in the famous 1819 McCulloch v. Maryland case, in which the Supreme Court, led by Chief Justice John Marshall, ruled that Congress had the right to establish a national bank, as it was convenient and useful for the execution of its powers.
| Characteristics | Values |
|---|---|
| Basis in the Constitution | Article I, Section 8 |
| Basis in the Constitution | "Necessary and Proper" Clause |
| Basis in the Constitution | "Elastic" Clause |
| Basis in the Constitution | "General Welfare" Clause |
| Basis in the Constitution | Taxing and Spending Clause |
| Basis in the Constitution | Commerce Clause |
| Basis in the Constitution | Enumerated Powers |
| Basis in the Constitution | Implied Powers |
| Basis in the Constitution | Sovereign Duties of the Government |
| Landmark Supreme Court Case | McCulloch v. Maryland (1819) |
| Landmark Supreme Court Case | United States v. Comstock (2010) |
| Landmark Supreme Court Case | Juilliard v. Greenman (1884) |
| Landmark Supreme Court Case | United States v. Kahriger (1953) |
| Landmark Supreme Court Case | Marchetti v. United States (1968) |
| Landmark Supreme Court Case | United States v. Darby (1941) |
| Landmark Supreme Court Case | Kinsella v. United States ex rel. Singleton (1960) |
| Landmark Supreme Court Case | Raich (2005) |
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What You'll Learn
The McCulloch v. Maryland case of 1819
The US Constitution grants Congress certain powers known as "expressed" or "enumerated" powers, which represent the basis of America's system of federalism. However, implied powers, though not directly stated in the Constitution, are indirectly given based on expressed powers.
In 1819, the US Supreme Court, led by Chief Justice John Marshall, ruled against the state of Maryland. Marshall argued that Congress had the right to establish the bank, as the Constitution grants Congress certain implied powers beyond those explicitly stated. This decision affirmed the doctrine of "implied powers," granting Congress powers not expressly listed in the Constitution. Marshall's opinion stated that Congress's implied powers must be related to the text of the Constitution but do not need to be explicitly enumerated within the text. This ruling established that the "Necessary and Proper" Clause of the US Constitution gives the federal government implied powers necessary and proper for the exercise of the powers explicitly enumerated in the Constitution.
The McCulloch v. Maryland case was a seminal moment in federalism, defining the balance between federal and state powers. It set a precedent for the relationship between the federal government and state legislatures, asserting the supremacy of the former over the latter. The case was also influential in other nations with similar legal systems, such as Australia, where it was cited in the first substantial constitutional case presented before the High Court of Australia in 1904.
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The Elastic Clause
The "Elastic Clause", also known as the Necessary and Proper Clause, is the eighteenth power listed in Article I, Section 8 of the US Constitution. It grants Congress the power to “make all Laws which shall be necessary and proper” to the execution of its specified powers.
The concept of implied powers is not new. The Framers knew that the 27 expressed powers listed in Article I, Section 8 would never be adequate to address all the unforeseeable situations and issues Congress would need to address. The implied powers doctrine was first invoked by Alexander Hamilton in defence of the creation of the First Bank of the United States in 1791. Hamilton argued that the sovereign duties of a government implied the right to use means adequate to its ends, and that the "necessary and proper" clause gave elasticity to the Constitution.
The scope of Congress's implied powers was further clarified in the famous 1819 Supreme Court case McCulloch v. Maryland. Chief Justice John Marshall, closely following Hamilton's argument, held that the Constitution's grant of enumerated powers to Congress carried with it a grant of the means to make their exercise effective. He argued that the Necessary and Proper Clause did not limit the implied powers to those absolutely necessary for the execution of the enumerated powers; instead, it was sufficient that the means chosen by Congress were convenient or useful. This decision effectively settled that the scope of Congress's implied powers is very broad.
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The Necessary and Proper Clause
The Clause was included in the Constitution to address the shortcomings of the Articles of Confederation, which had limited federal power to only those powers expressly delegated to the United States. The Framers of the Constitution wanted to provide some flexibility, so they included the Necessary and Proper Clause to ensure Congress had the lawmaking leeway it needed. This clause allows Congress to use all appropriate means required to carry out its duties, even if those means are not explicitly mentioned in the Constitution.
The McCulloch decision settled that the scope of Congress's implied powers is very broad, and combined with the broad nature of some of Congress's enumerated powers, there is very little that is beyond the national government's power to regulate.
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The implied power to create an air force
The US Constitution grants Congress a specific set of powers known as "expressed" or "enumerated" powers. However, the Constitution also gives Congress implied powers, which are powers that are not directly stated but are derived from the expressed powers. The concept of implied powers allows Congress to pass laws that the Constitution does not explicitly grant it the power to pass.
The creation of the US Air Force as a separate branch of the military was formalized through the National Security Act of 1947, which recognized air power as a critical component of national defence after World War II. The Necessary and Proper Clause (Clause 18 of Article I, Section 8) grants Congress the power to make all laws necessary and proper for executing its powers, including the establishment of an air force as an extension of its duty to provide for the common defence.
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The implied power to establish a national bank
The US Constitution grants Congress a set of powers known as "expressed" or "enumerated" powers. However, the framers of the Constitution understood that they needed to provide some flexibility, and so they also granted Congress implied powers, which are powers that are not directly stated in the Constitution but are derived from the expressed powers.
The constitutionality of Congress' power to establish a national bank was further affirmed in the landmark Supreme Court case McCulloch v. Maryland in 1819. In this case, the state of Maryland attempted to tax the Second Bank of the United States, which had been established by Congress in 1816. Maryland argued that the US Constitution did not explicitly grant Congress the power to establish banks. The Court, led by Chief Justice John Marshall, ruled against Maryland, stating that Congress had the right to establish a bank as it was implied by the "necessary and proper" clause of the Constitution. This decision established the enduring constitutional principle of the implied powers doctrine, which assumes that the "necessary and proper" clause of the Constitution can be interpreted broadly.
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Frequently asked questions
Implied powers are powers that, although not directly stated in the Constitution, are indirectly given based on expressed powers.
The implied powers of Congress include the power to create an air force, despite the Framers not envisioning humans fighting with airplanes and drones. Another example is the creation of the nation's first income tax law.
The Necessary and Proper Clause, also known as the Elastic Clause, grants Congress implied powers. This clause states that Congress has the power to make all Laws which shall be necessary and proper to the execution of its specified powers.
The Framers of the Constitution included this clause to provide flexibility for representatives to govern for the common good. They understood that they could not anticipate all future situations and issues that Congress would need to address.
The Supreme Court has interpreted the Necessary and Proper Clause as an extension of the powers vested in the Federal Government, specifically Congress's enumerated Article I powers. In the McCulloch v. Maryland case, Chief Justice John Marshall affirmed the doctrine of implied powers, stating that it was enough for the means chosen by Congress to be convenient or useful.
