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Read this quote from Article I of the Constitution. Congress shall have power . . . [t]o make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers. Which part of this quote is the basis for implied powers?

2 Answers

3 votes

The basis for implied powers is the "necessary and proper" clause:

  • "Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers."

Explanation and detail:

Sometimes also referred to as the "Elastic Clause," the "necessary and proper" clause of the United States Constitution grants Congress implied powers beyond the specifically stated ones in the Constitution. After enumerating a number of the powers of Congress, including borrowing money, coining money, regulating commerce, etc, Section 8 of Article I of the Constitution closes by saying Congress shall have power "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 in the Government of the United States, or in any Department or Officer thereof." That's a quite broad and "elastic" statement, which goes beyond specifically delegated powers and gives Congress additional implied powers.

An example of the implementation of such implied powers in the Constitution occurred when Alexander Hamilton, as our nation's first Secretary of the Treasury, argued in favor of establishing a national bank. Hamilton believed that anything that is not strictly forbidden in the Constitution is allowable. A national bank was not strictly listed as something Congress could establish, but there was nothing in the Constitution to prohibit it. And the "necessary and proper" clause gave leeway to create it, by the implied powers given to Congress.

User Neel Pathak
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5 votes

The part of the answer that is the basis for implied powers is the part that states "to make all laws which shall be necessary and proper..."

This part shows implied powers because an implied power is a right that Congress has that is not explicitly given to them in the Constitution. Instead, this quote outlines an implied power. This means that Congress has the ability to make new laws regarding different situations that may occur in American society. The writers of the US Constitution allowed for this part to be interpreted so that the Constitution could be flexible for the changes that were bound to happen in American society.

User Danny Mahoney
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