Final answer:
Congress's creation of the FDA is deemed an implied power through the elastic clause, which extends Congress's abilities beyond the Constitution's explicitly listed enumerated powers to include actions necessary and proper for governing effectively.
Step-by-step explanation:
The creation of the Food and Drug Administration (FDA) was identified as an implied power of Congress because it is a necessary and proper action to execute the enumerated powers of regulating interstate commerce and ensuring the welfare of the public. The Constitution grants Congress enumerated powers, which are specifically mentioned, and implied powers that are necessary to carry out its enumerated powers. The elastic clause, found in Article I, Section 8 of the Constitution, allows Congress to extend its powers to issues not explicitly mentioned in the Constitution, such as the establishment of the FDA, to accomplish tasks deemed necessary and proper for the country.
The FDA was established to enforce laws such as the Federal Food, Drug, and Cosmetic Act and a variety of others that impact public health and safety, which while not directly mentioned in the Constitution, are essential to the functioning of the government and the protection of its citizens. Through the necessary and proper clause, which is often referred to as the elastic clause for its ability to stretch the powers of Congress, the legislature can legitimize actions like the creation of the FDA to effectively regulate commerce and promote the general welfare, thus falling within the scope of its implied powers.