The Implied Powers

1. The Implied Powers A Positive Lecture Experience Brought To You My Mr. Haskell

2. Implied Powers • Congress has other powers from only one clause in the Constitution. Congressional People…

3. The Necessary and Proper Clause • Congress's implied powers come from Article I, Section 8, Clause 18, the Necessary and Proper Clause. This clause has also been called the "Elastic Clause" because its use has stretched Congress's powers over more than 200 years. This growth has come through Congress's use of power and from Supreme Court decisions.

4. The Battle Over Implied Powers • In 1790 Alexander Hamilton was the nation's first Secretary of the Treasury. He urged Congress to set up a national bank. The power to do this was not an expressed power. But Hamilton and his supporters believed it was an implied power. They said it was necessary and proper-because of the expressed taxing, borrowing, commerce, and currency powers-for Congress to start a bank. In other words, Congress needed to create a bank in order to do the jobs that the Constitution gave it. • Thomas Jefferson and his supporters disagreed. These strict constructionists believed that the government could only use those powers absolutely necessary to carry out the expressed powers. They did not support national bank.

5. The Battle Over Implied Powers (Cont’d) • Congress went ahead and started its first bank in 1791. In 1818 a court case tested whether the bank was constitutional. This happened when Maryland decided tax the federal notes issued by the national bank. The case went to court. It reached the Supreme Court in 1819, as McCulloch v. Maryland. The Supreme Court decided that the bank was constitutional even though the Constitution did not spell out Congress's right to start a bank. In other words, the Court supported the idea of implied powers for Congress.

6. Dabba Da….Dabba Dey The End