The Importance Of Implied Powers

Contrary to, surprisingly, popular belief that the United States Constitution is outdated, it is, in fact, still relevant in today’s society on the basis of The Bill of Rights, checks and balances, and the Elastic Clause in the

Article I, Section 8, Clause (Necessary and Proper Clause) – Grants Congress the powers that are implied in the Constitution, but are not explicitly enumerated in the Constitution.

The Necessary and Proper Clause was an important addition to our federal government’s expansion. In fact, the Necessary and Proper clause was vital to our current government setting. With the expansion of the federal government we see that you can take ideas from different people, and compromise to come to a meeting point on important issues, like the expansion of ideas that needed to be readdressed, and changed.

Our Legislative branch of government has many powers granted and denied/outlined by our Constitution. These powers include (but are not

Congressional authorization is the ability to empower and allocate funds, which supports Congress with an effective tool for omission and authority of intelligence activities. Congress is expected to have more power than the President and the Supreme Court. Its powers are also known to be Constitutional as well as evolutionary (ushistory). After the Senate as well as the House of Representatives approves a bill or proposed law, it then becomes an actual law. These two houses also share other powers, that involve coin money, the power to declare war, establishing rules of naturalization as well as immigration, raise an army and a navy, regulate commerce, and set up the federal courts along with their jurisdictions (ushistory). Although Presidents can have authority to act without Congressional authorization when necessary for the nations security, it would be better if they did seek Congressional authorization before acting or making any important decision regarding the nations security, in order to preserve Constitutional checks and balances, as well as make the right decisions and protect the President politically.

Some might think that it gives Congress the power to do whatever it wants to do, but that is not so. Congress should only use this clause to create legislation directly relating to an expressed power in the Constitution. The laws should only be what is necessary and proper. If legislation does not meet either of these requirements, it is not in Congress’s power to enact it. The necessary and proper clause, though sometimes used correctly, has often been misused. One example can be found in a court case that took place in 1896 (United States v. Gettysburg Electric Rail Co.). The case decided whether Congress had the power to condemn a railroad’s land. The necessary and proper clause, wrongly used, justified that Congress had the power to condemn that land and create a park. Congress argued that this decision fell under Congress’s expressed power to raise and equip armies. This is just one example of many. When the national bank was created many people thought that this stretched the necessary and proper clause. The necessary and proper clause had been stretched many times. The clause is sometimes called the “elastic clause” because of its

The Necessary and Proper Clause and its role in modern federal law, along with the questions that come from applying the clause.

The Necessary and Proper clause gave congress to make all the laws that should be necessary and proper to carry into execution. (Article 1, Section 8, Clause 18). The Necessary and Proper Clause was also called the elastic clause that gave powers to Congress that were implied in the Constitution. Necessary means required or essential to. Necessary required congress to execute the powers that were granted in the constitution. John Marshall the Chief Justice wrote his opinion to the court stated that the constitution gave congress all the power to make all the laws.

According to Edmund Randolph, he believes that "the phrase, 'and proper,' if it has any meaning, does not enlarge the powers of Congress, but rather restricts them" (Document G). Randolph also says that the clause states that no power is to be accepted under the said clause unless it is expedient, meaning necessary and possibly improper. In the McCulloch vs. Maryland case, the unanimous opinion was that the Sweeping Clause, another name of the Necessary and Proper Clause, did in fact give Congress a power rather than a limitation, and claims to be increasing the power of the Government vested powers instead of lessening them (Document I). The whole debacle that led to the McCulloch vs. Maryland case was that Maryland, a state, tried to tax the federal government and the state was then sued by James McCulloch, a federal cashier of the United States Bank. The government's defense was that creating a national bank was a power they possessed and could not be denied, and that they could not be taxed by a lower power. Before this case ever began, Alexander Hamilton had noted that "it is expressly to execute these powers that the sweeping clause ... authorizes the national legislature to pass all necessary and proper laws," (Document M), which is similar to how the government explained

Since the amendment has been ratified, and within this past century it has been adjusted according to fit within our needs and

Expressed Powers are those powers explicitly named in the Constitution. They grant the legislative branch a large amount of authority over American national policy, both domestic and foreign. The Constitution states that the Congress shall have power to lay and collect taxes, imposts, duties, excises, to pay the debts and provide for the common defense and general welfare of the United States; but all imposts, duties, and excises shall be uniformed throughout the United States (Brady). There are a total of 27 expressed powers listed in the Constitution.

In 1791, the tenth amendment was added to the Constitution. The tenth amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." (Bailey 16) This

Certain interests do not change over time in our society. Over 200 years ago, the prominent concern that led to the framing of the Constitution regarded the establishment of a government that was “for the people and by the people.” The framers of the Constitution, with concern of an over powering central government in mind, provided a basis for the structure of the federal government of the United States. The powers of the legislative, executive, and judicial branches of government are laid out strategically in a way that no one branch can have more power than the other. The national concern of maintaining a legitimate government has not shifted since the initial days of the framers. Although the capacity of the government has grown over time, the system of checks and balances that was adapted in the framing of the Constitution allows for the structure and powers of the federal government to remain in order today. Other than providing a structural map for how the government will operate, however, the additional aspects of the Constitution fail to administer practical framework for addressing 21st century interests. This document was written over 200 years ago and it has not been altered substantially since then (Lazare). While certain Amendments have been added to assist the Constitution in staying relevant, such as the abolishment of slavery and the addition of women’s right to vote, there has been practically nothing added to help in applying the framers’ intentions

Implied powers are powers that are given to Congress by the Constitution in which they have the power to make any law that is necessary and proper for conveying the foregoing powers. Reserved powers fall under the tenth amendment, and their purpose is to reserve powers to the states. Concurrent Powers are the powers that both the national and state governments have such as the power to retain power for the regulation of commerce.

The powers of the Congress are listed almost exclusively in the Constitution under Article I, Section 8 which state powers such as: the right to declare war, the right to establish a uniform Rule of Naturalization, and the right to regulate commerce with foreign nations. The Congress is also given the right to lay and collect taxes among other things. The House of Representatives has the greatest privileges of either the house or the senate. The House of Representatives has the power to impeach, or bring charges against, federal officials for misconduct. If no candidate in a