•How does the Necessary and Proper Clause give Congress flexibility in lawmaking?
•What key developments have occurred in the battle over the implied powers of Congress?
The Necessary and Proper Clause
The Necessary and Proper Clause gives to Congress the 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.”
—Article I, Section 8, Clause 18
The Battle Over Implied Powers
•The formation of the Bank of the United States spawned controversy between strict and liberal constructionists.
•In McCulloch v. Maryland, 1819, the formation of the Second Bank of the United States was challenged by strict constructionists.
•Chief Justice John Marshall ruled in favor of the Second Bank, giving sweeping approval to the concept of implied powers.
In Class Video on McCulloch V. Maryland:
In McCulloch v. Maryland, the Supreme Court
a. ruled the doctrine of implied powers to be unconstitutional.
b. upheld the doctrine of implied powers.
c. upheld the right of the State of Maryland to tax a federal agency.
d. ruled the creation of a bank by Congress to be unconstitutional.
Why did the Framers include the Necessary and Proper Clause in the Constitution?
a. to empower Congress to pass laws needed to carry out the expressed powers
b. to limit congressional powers to those expressly stated in the Constitution
c. to define the scope of the inherent powers of Congress
d. to set forth those powers considered necessary to the States
Answers: B / A