Necessary and Proper

expressed power to law and collect taxes

Implies the power to: - Punish tax evaders - Regulate (license) some commodities (such as alcohol) and outlaw the use of others (such as narcotics) - Require States to meet certain conditions to qualify for federal funding

limits on implied powers

- Congress cannot simply grant itself a power because such a power would benefit the public or the United States. - An implied power must be based in some way on the expressed powers of the Constitution. - Implied powers cannot violate the Constitution

necessary and proper clause

: the final clause of Article I, Section 8 in the Constitution, which gives Congress the power to make all laws "necessary and proper" for carrying out its expressed powers; also called the Elastic Clause

necessary and proper clause

Also called the Elastic Clause, this clause allows Congress to decide how it should carry out the many powers given to it by the Constitution. In doing so, Congress has given itself implied powers not mentioned in the Constitution. It has argued that these implied powers are needed to fulfill its other duties.

violate the constitution

Congress can do whatever is needed to carry out its war power, except ....

expressed power to create naturalization law

Implies the power to regulate and limit immigration

expressed power to regulate commerce

Implies the power to: - Establish a minimum wage - Ban discrimination in workplaces and public facilities - Pass laws protecting the disabled - Regulate banking

expressed power to establish post offices

Implies the power to: - Prohibit mail fraud and obstruction of the mails - Bar the shipping of certain items through the mail

expressed power to raise armies and a navy

Implies the power to draft Americans into the military

expressed power to borrow money

Implies the power to establish the Federal Reserve Systems of banks

national government

Major crises have placed more responsibility on the .... Citizens have started to demand more services (border patrol)

why does the necessary and proper clause exist?

Many of the laws of Congress makes today stem from the Necessary and Proper Clause. The Framers could not have made provisions for every situation that might arise in the modern world.

What was the argument of the strict constructionists?

Strict constructionists argued that Congress should only be able to use implied powers that were absolutely necessary to carry out its expressed powers.

how has the doctrine of implied powers increased the powers of Congress?

The Necessary and Proper Clause has been interpreted in a way that gives Congress many powers not specifically mentioned in the Constitution. For example, the Commerce Clause has been interpreted to let Congress pass laws on many economic activities.

McCulloch v. Maryland (1818)

The Supreme Court upheld the idea of implied powers.Since then, the liberal constructionist view has dominated and federal power has grown

consensus

a general agreement among the majority

implied powers

allow the federal government to adapt to changes in society and technology that the Framers could not have anticipated.

Title III of the Civil Rights Act

authorized the attorney general to issue civil suits against discriminatory school in the United States.

The Individuals with Disabilities Education Act

designed to prevent discrimination and enable individuals with disabilities to participate fully in all aspects of education.

Title IX of the Education Amendments to the Civil Rights Act

forbids gender discrimination in federally funded education programs

implied powers

have most often been connected to the commerce power, the power to tax and spend, and the war powers.

commerce clause

is now defined to include the production, buying, and selling of goods as well as the transportation of people and goods. Using implied powers derived from this, Congress can regulate manufacturing, wages, food and drugs, and more. Congress can also build interstate highways, set consumer protection laws, and protect the environment.

strict constructionist

someone who argues that Congress can use only those implied powers absolutely necessary to carry out its expressed powers

liberal constructionist

someone who argues that the Constitution gives Congress very broad implied powers

strict constructionists

such as Thomas Jefferson wanted to protect the independence and power of state governments from a national government with too many implied powers.

antifederalists

supported strict construction, arguing that Congress should only be able to use implied powers that are absolutely necessary to carry out its expressed powers.

appropriate

to assign to a particular use; Congress ..... billions of dollars to programs such as education, unemployment compensation, and Social Security

liberal constructionists

took the Federalist view that the Constitution should be interpreted broadly, strengthening the national government by giving it a wide range of implied powers. Alexander Hamilton

draft

what did congress create based on implied war powers?

all

which branches have supported increased power for the national government?